State v. Trujillo, 860203-CA

• Decision Date: 19 June 1987
• Docket Number: No. 860203-CA,860203-CA
• Citation: 739 P.2d 85
• Parties: STATE of Utah, Plaintiff and Respondent, v. Joseph Greg TRUJILLO, Defendant and Appellant.
• Court: Utah Court of Appeals

Page 85

739 P.2d 85

STATE of Utah, Plaintiff and Respondent, v. Joseph Greg TRUJILLO, Defendant and Appellant.

No. 860203-CA.

Court of Appeals of Utah.

June 19, 1987.

Rehearing Denied July 13, 1987.

Kendall Peterson, Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

David L. Wilkinson, Atty. Gen., Sandra Sjogren, Asst. Atty. Gen., for plaintiff and respondent.

OPINION

Before Judges BILLINGS, JACKSON, and ORME.

BILLINGS, Judge:

Joseph Greg Trujillo ("Trujillo") appeals from his conviction of possession of a dangerous weapon by a restricted person, a third degree felony. Utah Code Ann. § 76-10-503 (1978). Trujillo contends the police officer's search of his person and seizure of the weapon were unreasonable in violation of the fourth amendment. ¹ We reverse and remand.

Because a determination of the reasonableness of the police conduct is highly factual in nature, we review the facts in detail. During the early morning hours of February 28, 1986, Officer Beesley was driving his marked police car on routine patrol between 300 and 400 South on State Street in Salt Lake City. Several "car prowls" had been reported in this vicinity in the prior weeks; however, Officer Beesley could not recall receiving information that any "car prowls" or other criminal activity had been reported in the area on this particular morning.

At approximately 3:30 a.m., Officer Beesley observed Trujillo and two companions walking slowly and peering into business windows on the west side of State Street. At one point, he noticed the trio stop and stare at a poster located outside an adult theater. The trio, nonetheless, steadily progressed southbound on State Street. Officer Beesley stopped his car at the curb and observed the trio. He focused on a nylon knapsack Trujillo carried at his side. Officer Beesley saw Trujillo shift this knapsack from his side to his front in what Officer Beesley considered an effort to conceal it. Officer Beesley did not see the trio violate any traffic ordinances or engage in any criminal behavior.

Officer Beesley radioed dispatch stating he was going to be "shaking and talking to some individuals" and requested back-up assistance. (Emphasis added). Officer Beesley then pulled his police car to the curb at 400 South State Street, got out, and walked toward the trio. Trujillo and his two companions stood on the corner. Trujillo placed the knapsack next to a garbage can located on the corner in what Officer Beesley regarded as an effort to "stash it." As Officer Beesley approached, the trio walked towards him. No one made any attempt to flee. Officer Beesley asked the trio what they were doing, their names, and for identification. Although the three appeared "nervous," they responded to Officer Beesley's inquiries. Only one of the three actually produced identification but all three gave Officer Beesley their correct names. Trujillo explained the three were enroute to his cousin's house. Officer Beesley made no further inquiries of Trujillo concerning the "suspicious" knapsack.

At this time, the back-up officer arrived. Officer Beesley then took hold of Trujillo, told him to place his hands on the patrol car and spread his feet, and patted down the outer surfaces of Trujillo's clothing. The search revealed an 8"" to 10"" knife strapped to Trujillo's chest. Trujillo subsequently was arrested for possession of a dangerous weapon by a restricted person ² in violation of Utah Code Ann. § 76-10-503 (1978).

Trujillo filed a motion to suppress the knife confiscated during the search arguing his detention and the subsequent search of his person violated his fourth amendment rights against unreasonable searches and seizures. At the suppression hearing, Officer Beesley testified that his initial detention of Trujillo was based upon four factors: (1) it was a high-crime area; (2) the lateness of the hour; (3) the apparent nervous conduct of the trio; and, (4) the "suspicious" nylon knapsack Trujillo carried. Officer Beesley did not explain why he found the knapsack "suspicious." Officer Beesley further testified that his search of Trujillo was based upon his "intuition." The trial court denied Trujillo's motion to suppress the knife. The parties then submitted the case to the court on the facts elicited at the suppression hearing. The trial court found Trujillo guilty of possession of a dangerous weapon by a restricted person and sentenced him to the Utah State Prison. This appeal followed.

The issue on appeal is whether Officer Beesley's seizure and subsequent search of Trujillo violated Trujillo's fourth amendment rights against unreasonable searches and seizures. Although the trial judge is in the best position to determine the reasonableness of the conduct under the particular facts of each case, see State v. Houser, 669 P.2d 437, 439 (Utah 1983) (per curiam), we must correct errors in the application of the law to these facts. See State v. Swanigan, 699 P.2d 718, 719 (Utah 1985) (per curiam).

I.

The fourth amendment provides that people have the right to be secure in their persons against unreasonable searches and seizures. U.S. Const. Amend. IV. Accordingly, it functions to "prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." United States v. Mendenhall, 446 U.S. 544, 553-54, 100 S.Ct. 1870, 1877, 64 L.Ed.2d 497 (1980) (citations omitted).

On the other hand, the law recognizes the government has a legitimate interest in crime prevention and detection. Balancing these principles, the United States Supreme Court has found that a police officer, in appropriate circumstances and in an appropriate manner, may approach a person for purposes of investigating suspected criminal behavior even though there is not probable cause to make an arrest. Terry v. Ohio, 392 U.S. 1, 22, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968). At the same time, however, the Court has emphasized that these brief investigatory detentions are a source of friction between the police and minority groups. Id. at 14, n. 11, 88 S.Ct. at 1876, n. 11.

Thus, in considering the constitutionality of Trujillo's seizure, we must weigh the competing and often conflicting interests between the rights of individuals to be free from unnecessary harassment or arbitrary interference from law officers, and the interest of the public in being protected from crime. State v. Lopes, 552 P.2d 120, 122 (Utah 1976) (Maughan, J., concurring) (footnote omitted); see Terry, 392 U.S. at 21, 88 S.Ct. at 1879 (citation omitted).

II.

The search and seizure limitations of the fourth amendment apply to "investigatory stops" or "seizures" that fall short of official arrests. Terry, 392 U.S. at 16-17, 88 S.Ct. at 1877. A seizure within the meaning of the fourth amendment occurs only when the officer by means of physical force or show of authority has in some way restricted the liberty of a person. ³ Mendenhall, 446 U.S. at 553, 100 S.Ct. at 1876 (citing Terry, 392 U.S. at 19, n. 16, 88 S.Ct. at 1879, n. 16). When a reasonable person, based on the totality of the circumstances, remains, not in the spirit of cooperation with the officer's investigation, but because he believes he is not free to leave a seizure occurs. Id. at 544, 555, 100 S.Ct. at 1870, 1877.

The United States Supreme Court has illustrated situations which may result in a "seizure":

Examples of circumstances that might indicate a seizure, even where the person did not attempt to leave, would be the threatening presence of several officers, the display of a weapon by an officer, some physical touching of the person of the citizen, or the use of language or tone of voice indicating that compliance with the officer's request might be compelled.

Mendenhall, 446 U.S. at 555, 100 S.Ct. at 1877 (citations omitted).

In contrast, a seizure within the meaning of the fourth amendment does not occur when a police officer merely approaches an individual on the street and questions him, if the person is willing to listen. Florida v. Royer, 460 U.S. 491, 498, 103 S.Ct. 1319, 1324, 75 L.Ed.2d 229 (1983) (citations omitted). ⁴ However, the person approached is not required to answer the officer's questions, Id. at 498-99, 103 S.Ct. at 1324-25; Mendenhall, 446 U.S. at 555, 100 S.Ct. at 1877, and his refusal to listen to the officer's questions or answer them, without more, does not furnish reasonable grounds for further detention. Royer, 460 U.S. at 499, 103 S.Ct. at 1325.

In light of the foregoing principles, we must determine "if" and "when" Officer Beesley "seized" Trujillo. If there has been no seizure within the meaning of the fourth amendment, then no constitutional rights have been infringed. Id.

We cannot ascertain from the record whether a seizure subject to the fourth amendment occurred prior to Officer Beesley's pat-down search of Trujillo and we thus assume that up to that point no intrusion upon Trujillo's constitutionally protected rights occurred. See Terry, 392 U.S. at 19, n. 16, 88 S.Ct. at 1879, n. 16. There can be no question, however, that Officer Beesley "seized" Trujillo within the meaning of the fourth amendment when he took hold of him, told him to place his hands on Beesley's patrol car and spread his feet, and patted down the outer surfaces of Trujillo's clothing. The officer's conduct is clearly within the parameters outlined by the Supreme Court in Terry and in Mendenhall.

III.

Having determined that Trujillo was "seized" within the meaning of the fourth amendment, we must determine if the seizure was constitutional. In order to justify this seizure, Officer Beesley must point to specific, articulable facts which, together with rational inferences drawn from those facts, would lead a reasonable person to conclude Trujillo had committed or was about to commit a crime. Royer, 460 U.S. at 499, 103 S.Ct. at 1325; Terry 392 U.S. at 21, 88 S.Ct. at 1879; State v. Christensen, 676 P.2d 408,...