State v. Ramirez

• Decision Date: 11 June 2008
• Docket Number: No. 32387.,32387.
• Parties: STATE of Idaho v. Jesus RAMIREZ.
• Court: Idaho Court of Appeals

187 P.3d 1261

145 Idaho 886

STATE of Idaho v. Jesus RAMIREZ.

No. 32387.

Court of Appeals of Idaho.

June 11, 2008.

Fred R. Palmer, Sandpoint, for appellant.

Hon. Lawrence G. Wasden, Attorney General; Rebekah A. Cudé, Deputy Attorney General, Boise, for respondent. Rebekah A. Cudé argued.

GUTIERREZ, Chief Judge.

Jesus Ramirez appeals from his judgment of conviction for felony possession of marijuana. Specifically, he challenges the denial of his motion to suppress evidence, arguing his traffic stop was unlawfully extended. We affirm.

I. BACKGROUND

On November 20, 2003, Idaho State Police Trooper Kevin Bennett observed a van traveling at seventy-three miles-per-hour in a sixty mile-per-hour zone. There were no license plates on the van. After being stopped, Ramirez identified himself using a Montana driver's license. Ramirez told the trooper that he was traveling from Libby, Montana, to Kennewick, Washington, to deliver the van to a friend in the Tri-Cities area. The van actually had been sold to Sergio Venitez, Ramirez's friend in Kennewick, that same day in Montana; Ramirez had documents to verify the sale. A temporary permit was displayed in the back window of the van. Ramirez initially told Trooper Bennett that Venitez had purchased the van and Ramirez was driving it to Kennewick without being compensated for his time. He later clarified that he had purchased the van for Venitez and Venitez was going to reimburse him upon delivery.

According to Trooper Bennett's subsequent testimony, he noticed several fast food containers on the floor of the car, as well as a cell phone and packaging for a new cell phone car charger. His suspicions aroused, Trooper Bennett asked Ramirez how many pounds of methamphetamine he was transporting. Ramirez responded that he had "none" and looked directly at Trooper Bennett. When asked this same question with regards to cocaine and heroin, his response was the same. However, when asked how much marijuana he was transporting, Ramirez looked away from Trooper Bennett, crossed his arms, and answered "none" in a lower, raspy voice. Trooper Bennett then returned to his patrol car to verify the status of Ramirez's driver's license and to make sure that the van had not been reported stolen in Montana. Trooper Bennett first requested that an officer from Bonners Ferry City Police respond to the location along with his partner, a drug detection dog. He then requested the records check on Ramirez's driver's license. While looking at the sales paperwork provided by Ramirez, Trooper Bennett discovered a death certificate attached to the receipt of sale and title. Concerned by this, Trooper Bennett also requested a phone number for the dealer who sold the van in Montana. Trooper Bennett approached Ramirez a second time to inquire about the extra documents in the sales paperwork, and then returned to his patrol car to complete citations for speeding and failure to carry proof of insurance.

Nearly fifteen minutes after requesting the records check, and approximately twenty minutes after the initial stop, Trooper Bennett was informed that there were no problems with Ramirez's record in Montana. Trooper Bennett was subsequently informed that he had all the information dispatch could provide regarding the certificate of death from Montana. The drug dog had not yet arrived. Roughly seven minutes later, Trooper Bennett motioned for Ramirez to step out of the van and approach the back of the vehicle to discuss the citations. A minute later, Officer Minor from the Bonners Ferry Police arrived on the scene with his drug detection dog and began circling the van while Trooper Bennett explained the citations to Ramirez. Trooper Bennett issued the citations and returned Ramirez's license and sales paperwork. Ramirez was informed that he would be free to leave after Trooper Bennett explained how to pay the tickets, which he then did. Without turning off his overhead emergency lights, or informing Ramirez that the stop was concluded or that he could re-enter his vehicle, and while Officer Minor was still circling the van with his drug dog, Trooper Bennett asked Ramirez if he could search the van. Ramirez initially denied consent, because the van did not belong to him. Trooper Bennett explained that Ramirez was in possession of the van, and could therefore consent. This time Ramirez acquiesced to the request. Officer Minor opened the driver's side door of the van and allowed his dog to sniff inside. He then proceeded around the van and opened the sliding door, at which time the dog alerted to the presence of narcotics. Trooper Bennett joined Officer Minor by the open door of the van, and noticed the odor of green marijuana coming from inside. Ramirez was arrested after the officers located a bundle of marijuana hidden inside a box with an air conditioner.

Ramirez was charged with possession of a controlled substance with the intent to deliver, I.C. § 37-2732(a)(1)(B). He filed a motion to suppress the evidence obtained as a result of the traffic stop, contending that Trooper Bennett illegally extended the duration of the stop. The district court denied the motion and Ramirez entered a conditional guilty plea to possession of marijuana, more than three ounces, a felony, I.C. § 37-2732(e), reserving the right to appeal the denial of his motion to suppress.

II. STANDARD OF REVIEW

The standard of review of a suppression motion is bifurcated. When a decision on a motion to suppress is challenged, we accept the trial court's findings of fact which are supported by substantial evidence, but we freely review the application of constitutional principles to the facts as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App.1996). At a suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts, weigh evidence, and draw factual inferences is vested in the trial court. State v. Valdez-Molina, 127 Idaho 102, 106, 897 P.2d 993, 997 (1995); State v. Schevers, 132 Idaho 786, 789, 979 P.2d 659, 662 (Ct.App.1999).

III. DISCUSSION

Ramirez urges this Court to suppress the evidence seized as a result of the traffic stop because Trooper Bennett illegally extended the duration of the stop by asking questions about drugs, waiting for the drug dog to arrive, and seeking Ramirez's consent to search the van. The state contends that the extension of the stop was lawful due to Trooper Bennett's reasonable and articulable suspicion of drug activity. Furthermore, the state asserts that the extension was necessary to complete the purpose of the traffic stop, and Officer Minor arrived during the process of completing the stop. Therefore, according to the state, there was no delay by Trooper Bennett.

The Fourth Amendment to the United States Constitution guarantees every citizen the right to be free from unreasonable searches and seizures. State v. Salois, 144 Idaho 344, 347, 160 P.3d 1279, 1282 (Ct.App. 2007); State v. Cerino, 141 Idaho 736, 737, 117 P.3d 876, 877 (Ct.App.2005). Its purpose is "to impose a standard of `reasonableness' upon the exercise of discretion by government officials, including law enforcement agents, in order to `safeguard the privacy and security of individuals against arbitrary invasions.'" Delaware v. Prouse, 440 U.S. 648, 653-54, 99 S.Ct. 1391, 1395-96, 59 L.Ed.2d 660 (1979) (quoting Marshall v. Barlow's, Inc., 436 U.S. 307, 312, 98 S.Ct. 1816, 1820, 56 L.Ed.2d 305 (1978)). The stop of a vehicle constitutes a seizure of its occupants and is therefore subject to Fourth Amendment restraints.¹ Prouse at 653, 99 S.Ct. at 1395-96; State v. Roark, 140 Idaho 868, 870, 103 P.3d 481, 483 (Ct.App.2004); State v. Robertson, 134 Idaho 180, 184, 997 P.2d 641, 645 (Ct.App.2000); State v. Flowers, 131 Idaho 205, 208, 953 P.2d 645, 648 (Ct.App.1998); State v. Sevy, 129 Idaho 613, 614-15, 930 P.2d 1358, 1359-60 (Ct.App.1997); Atkinson, 128 Idaho at 561, 916 P.2d at 1286. Although a vehicle stop is limited in magnitude compared to other types of seizures, it is nonetheless a "constitutionally cognizable" intrusion and therefore may not be conducted "at the unbridled discretion of law enforcement officials." Prouse, 440 U.S. at 661, 99 S.Ct. 1391. Because a traffic stop is limited in scope and duration, it is analogous to an investigative detention and is analyzed under the principles set forth in Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). Prouse, 440 U.S. at 653, 99 S.Ct. 1391; State v. Stewart, 145 Idaho 641, 181 P.3d 1249 (Ct.App.2008).

Ramirez raises three specific challenges to the length of his detention. He asserts that Trooper Bennett extended the duration by asking Ramirez about the quantity of drugs he was transporting before checking the status of his driver's license, by waiting for a drug dog to arrive prior to issuing the citations and allowing the drug dog to circle the van several times, and by requesting consent to search the van.

An investigative detention must be temporary and last no longer than necessary to effectuate the purpose of the stop. State v. Roe, 140 Idaho 176, 181, 90 P.3d 926, 931 (Ct.App.2004); State v. Gutierrez, 137 Idaho 647, 651, 51 P.3d 461, 465 (Ct.App.2002). There is no rigid time-limit for determining when a detention has lasted longer than necessary; rather, a court must consider the scope of the detention and the law enforcement purposes to be served, as well as the duration of the stop. United States v. Sharpe, 470 U.S. 675, 685-86, 105 S.Ct. 1568, 1574-76, 84 L.Ed.2d 605 (1985); State v. Soukharith, 253 Neb. 310, 570 N.W.2d 344, 355 (1997). Where a person is detained, the scope of detention must be carefully tailored to its underlying justification. Roe, 140 Idaho at 181, 90 P.3d at 931; State v. Parkinson, 135 Idaho 357, 361, 17 P.3d 301, 305 (Ct.App. 2000). The scope of the intrusion permitted will vary to some extent with the particular facts and circumstances of each case. Roe, 140 Idaho...