State v. Hansen
Decision Date | 20 December 2002 |
Docket Number | No. 20010100.,20010100. |
Citation | 2002 UT 125,63 P.3d 650 |
Parties | STATE of Utah, Plaintiff and Petitioner, v. Shayne M. HANSEN, Defendant and Respondent. |
Court | Utah Supreme Court |
Mark L. Shurtleff, Att'y Gen., Jeffrey S. Gray, Asst. Att'y Gen., Nicholas M. D'Alesandro, Salt Lake City, for plaintiff.
Linda M. Jones, Otis Sterling, III, Salt Lake City, for defendant.
On Certiorari to the Utah Court of Appeals
INTRODUCTION
¶ 1 This appeal concerns the validity of an automobile search. After finishing a routine traffic stop, an officer asked the defendant, Shayne M. Hansen, for consent to search his vehicle. Hansen allegedly consented. During the search of the vehicle and subsequent search of Hansen, the officer discovered drug paraphernalia and methamphetamine.
¶ 2 Hansen filed a motion to suppress the evidence, claiming that (1) he was illegally detained by the officer because the officer's questioning and the subsequent search exceeded the scope of the initial traffic stop, (2) his consent was involuntary, and (3) the evidence seized during the search was tainted by a prior police illegality—the illegal detention. The district court denied Hansen's motion to suppress after finding both lawful detention and voluntary consent. The court of appeals reversed, concluding that Hansen was illegally detained and that he did not voluntarily consent to the search. State v. Hansen, 2000 UT App 353, ¶¶ 16, 25, 17 P.3d 1135.
¶ 3 We agree with the court of appeals that Hansen was illegally detained. We reverse the court of appeals' conclusion that Hansen's consent was involuntary, however. We nevertheless affirm the court of appeals' decision on the alternative ground that the search was tainted by the illegal detention.
¶ 4 On February 18, 1999, the State filed an information against Shayne M. Hansen for unlawful possession of a controlled substance, a third degree felony, and unlawful possession of drug paraphernalia, a class B misdemeanor. The State relied on evidence obtained by Officer Bruce Huntington during a warrantless search of Hansen and his vehicle, following a routine traffic stop. Hansen filed a motion to suppress the evidence uncovered by the search.
¶ 5 Because the legal analysis of a search and seizure case is "highly fact dependent," see State v. Pena, 869 P.2d 932, 940 (Utah 1994),
"we recite the facts in detail[,]" State v. Wells, 928 P.2d 386, 387 (Utah Ct.App. 1996) (quoting State v. Naisbitt, 827 P.2d 969, 970 (Utah Ct.App.1992)). Where appropriate, we supplement the district court's findings with relevant testimony given by Officer Huntington during a suppression hearing held on August 4, 1999.
¶ 6 At approximately 11:15 p.m. on December 11, 1998, Officer Huntington of the Midvale Police Department was driving behind a vehicle driven by Hansen that also contained a passenger. To determine the status of the vehicle, Officer Huntington initiated a computer check. While awaiting the results of the computer check, Officer Huntington observed Hansen make an improper lane change.1 The computer check then revealed that Hansen's vehicle was uninsured.
¶ 7 At this point, Officer Huntington activated his patrol car's overhead emergency lights. In response, Hansen immediately pulled into the parking lot of a convenience store. Officer Huntington parked directly behind Hansen's vehicle2 and approached it on foot.
¶ 8 Officer Huntington informed Hansen that he had stopped him for the improper lane change and for lack of insurance. In response, Hansen explained that he could not afford insurance. Officer Huntington then requested and obtained Hansen's license and registration and returned to his patrol car. Hansen and his passenger remained seated in Hansen's vehicle. ¶ 9 While at his patrol car, Officer Huntington ran another computer check, which confirmed that Hansen's driver's license was valid and that Hansen had no outstanding warrants. The computer check took approximately five minutes.
¶ 10 As Officer Huntington returned to Hansen's vehicle, a second officer arrived and parked alongside Officer Huntington's patrol car. The second officer remained by the patrol cars, both of whose overhead emergency lights continued flashing throughout the remainder of the encounter with Hansen.
¶ 11 At the suppression hearing, Officer Huntington testified at length concerning his actions following his return to Hansen's vehicle. On direct, he initially testified that he advised Hansen that he was going to give him a warning about the improper lane change and for not having insurance. When questioned further about this verbal warning, he specifically recalled admonishing Hansen to obtain insurance. He conceded on cross-examination, however, that he could not recall addressing the improper lane change. In its findings of fact, the district court found that Officer Huntington had warned Hansen to obtain insurance, but made no finding regarding whether or not he had issued a warning about the improper lane change.
¶ 12 After verbally warning Hansen to obtain insurance, Officer Huntington returned his license and registration. At this point, he had been detained less than ten minutes.
¶ 13 Upon returning Hansen's documents, the officer asked him if he had any alcohol, drugs, or weapons in his vehicle. When Hansen responded, "No," Officer Huntington asked for consent to search the vehicle, even though he admitted on cross-examination that he had no reason to suspect Hansen of having any of these items. The details of this exchange were given at the suppression hearing.
¶ 14 On direct examination, Officer Huntington testified in relevant part as follows:
¶ 15 On cross-examination, defense counsel further questioned Officer Huntington about this exchange with Hansen:
¶ 16 After this exchange, Officer Huntington asked Hansen and his passenger to exit the vehicle and stand next to the other officer. When Officer Huntington searched the vehicle, he found a marijuana pipe on the floorboard of the driver's area. When questioned, Hansen admitted the object was his. Officer Huntington then arrested him and searched him incident to the arrest. During the search incident to arrest, Officer Huntington discovered methamphetamine.
¶ 17 On July 2, 1999, Hansen filed a motion to suppress evidence uncovered by the search. In his motion, Hansen argued that: (1) Officer Huntington illegally detained him by exceeding the scope of the traffic stop, (2) he did not give voluntary consent to the search, and (3) any evidence obtained from the search was tainted by the illegal detention.
¶ 18 On August 4, 1999, the district court held a hearing on Hansen's motion to suppress where Officer Huntington testified about the stop and search of Hansen's vehicle. Following the suppression hearing, the district court expressly stated that Officer Huntington was a credible witness, and it found that his testimony established Hansen clearly and unequivocally consented to the search of his vehicle.
¶ 19 The court also ruled that Hansen's consent was voluntary, supporting this ruling with several findings of fact. First, the court found that "[t]he officer's question was permissive and did not suggest that he had a right to search." Second, the court found that "[t]here was no coercive conduct on the part of the officer to secure defendant's consent to search." Third, the court found that the officer's "demeanor, voice, and stature were not coercive in nature." Finally, the court found that "there were no other officers surrounding defendant" when the officer sought Hansen's consent.
¶ 20 In addition, the court ruled that Hansen was not seized at the time Officer Huntington sought his...
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