State v. Wilson

Decision Date10 March 2004
Docket NumberNo. 22655.,22655.
Citation678 N.W.2d 176,2004 SD 33
PartiesSTATE of South Dakota, Plaintiff and Appellee, v. Lucas Jeffery WILSON, Defendant and Appellant.
CourtSouth Dakota Supreme Court

Lawrence E. Long, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, SD, for plaintiff and appellee.

Veronica L. Duffy of Duffy & Duffy, Rapid City, SD, for defendant and appellant.

GILBERTSON, Chief Justice.

[¶ 1.] Lucas Wilson (Wilson) was a passenger in a car that was stopped after a highway patrol officer noticed objects dangling from the rearview mirror and observed the vehicle crossing the fog line. Upon stopping the vehicle, the trooper became suspicious of drug use. The ensuing search of the vehicle revealed methamphetamine, marijuana, and various drug paraphernalia. Subsequently, the trooper placed Wilson under arrest. A grand jury indicted Wilson on four counts of various drug offenses, including possession of methamphetamine, ingesting a substance other than alcohol for purposes of becoming intoxicated, possession of marijuana less than two ounces, and possession of drug paraphernalia. After waiving the right to a jury trial, Wilson was convicted on all four counts. Wilson appeals the trial court's judgment and argues that evidence seized from the vehicle should have been suppressed. For the reasons set forth below, we affirm the trial court's judgment.

FACTS AND PROCEDURE

[¶ 2.] On the morning of February 16, 2002, Wilson was a passenger in a vehicle owned and driven by Jeremy Neff (Neff). At approximately 7:00 a.m., Trooper Ryan Mechaley (Mechaley) of the South Dakota Highway Patrol observed Neff's vehicle cross the fog line and noticed objects dangling from the vehicle's rearview mirror. Mechaley then proceeded to stop the vehicle for these traffic violations. After obtaining identification from both Neff and Wilson, the trooper asked Neff to follow him back to his patrol car. Wilson remained in Neff's vehicle.

[¶ 3.] Once in the patrol car, Mechaley told Neff that he intended to write him a warning ticked for the traffic violations and that he would then "get [him] on down the road." While Mechaley ran a check on Neff's and Wilson's licenses, he engaged Neff in general conversation. In the approximately fifteen minute long conversation, Mechaley and Neff discussed Neff's employment, birth date, and each made observations about drug-related topics. Neff, however, became somewhat agitated when Mechaley asked him about methamphetamine use in the area, and he twice attempted to change the subject. During the conversation, Mechaley noticed Neff's pupils appeared to be "pinpoint," a sign that, in the trooper's experience, often indicated methamphetamine use. When asked, Neff denied any current drug use but admitted past methamphetamine use.

[¶ 4.] Based upon the conversation and the appearance of Neff's pupil's, Mechaley became suspicious of drug use. He then asked for Neff's permission to search the vehicle. Neff responded he had received advice from an attorney in Idaho that he should not give consent to such a search. The trooper responded that this was "bad advice" and that "you're in South Dakota now." After Mechaley indicated he felt he had enough reasonable suspicion to call for a drug dog, Neff consented to the vehicle search.

[¶ 5.] Trooper Mechaley then directed Wilson to step out of the vehicle and told him to stand directly in front of his patrol car. Mechaley proceeded to question Wilson. During the questioning, the trooper's voice was commanding and accusatory, and his questions assumed Wilson's guilt. Despite the fact that Wilson was not free to leave during this questioning, the trooper failed to advise Wilson of his rights under Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Subsequently, Wilson made several incriminating statements regarding drug use. In addition, Wilson appeared to make numerous uncontrollable head and arm movements during the questioning, symptoms which further suggested the use of methamphetamine.

[¶ 6.] Based on Neff's consent, Mechaley began a search of the vehicle. Within a short period of time, the trooper found a hypodermic needle cap between the floorboard and the door. Fearing that he may be injured by an uncovered needle, Mechaley asked Wilson to show him where any drugs were in the vehicle. Wilson proceeded to locate a sunglass case under the passenger seat. In the case, the trooper found syringes, methamphetamine, marijuana, and a marijuana pipe. Because Wilson indicated that the drugs were his, Mechaley placed Wilson under arrest and read him his Miranda rights. Subsequent tests indicated Wilson's urine was positive for methamphetamine and marijuana.

[¶ 7.] A grand jury indicted Wilson on several drug-related charges. Before trial, Wilson made motions to suppress his statements and any evidence found in Neff's vehicle. The trial court found Wilson was subjected to custodial interrogation without being advised of his Miranda rights. Therefore, the trial court suppressed these statements, and the state does not appeal this ruling. The trial court ruled, however, that the evidence found in the vehicle should not be suppressed because Mechaley had reasonable suspicion to stop the vehicle and Wilson lacked standing to challenge whether or not Neff's consent was voluntarily given. Wilson waived the right to a jury trial. After the parties stipulated to a set of facts, the trial court found Wilson guilty of possession of methamphetamine, ingesting a substance other than alcohol for purposes of becoming intoxicated, possession of marijuana less than two ounces, and possession of drug paraphernalia. Wilson raises three issues for our review:

1. Where a vehicle has objects dangling from its rearview mirror and crosses the fog line, does an officer have a reasonable suspicion in order to justify a traffic stop.

2. Where an officer tells a driver at the beginning of a traffic stop that he will "get [him] on down the road" and then detains the driver after becoming suspicious of drug use, is the Fourth Amendment's prohibition against unreasonable searches and seizures violated.

3. May a passenger in a vehicle challenge the validity of the driver's consent to a vehicle search.

STANDARD OF REVIEW

[¶ 8.] We review motions to suppress founded on alleged constitutional violations under the de novo standard. State v. De La Rosa, 2003 SD 18, ¶ 5, 657 N.W.2d 683, 685 (citing State v. Rechtenbach, 2002 SD 96, ¶ 6, 650 N.W.2d 290, 292 (citations omitted)). "[A]s a general matter determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal." State v. Hirning, 1999 SD 53, ¶ 9, 592 N.W.2d 600, 603 (quoting Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911 (1996)). We will only reverse a trial court's findings of fact if they are clearly erroneous. De La Rosa, 2003 SD 18, ¶ 5, 657 N.W.2d at 685 (citing State v. Hodges, 2001 SD 93, ¶ 8, 631 N.W.2d 206, 209). It is well settled that "[o]nce the facts have been determined, however, the application of a legal standard to those facts is a question of law reviewed de novo." Hirning, 1999 SD 53, ¶ 8, 592 N.W.2d at 603 (citation omitted).

[¶ 9.] Statutory interpretation is also a question of law reviewed under the de novo standard. Steinberg v. State Dept. of Military & Veterans Affairs, 2000 SD 36, ¶ 6, 607 N.W.2d 596, 599 (citing Zoss v. Schaefers, 1999 SD 105, ¶ 6, 598 N.W.2d 550, 552 (citation omitted)). In construing a statute, we presume "that the legislature did not intend an absurd or unreasonable result" from the application of the statute. State v. I-90 Truck Haven Service, Inc., 2003 SD 51, ¶ 3, 662 N.W.2d 288, 290 (citing Martinmaas v. Engelmann, 2000 SD 85, ¶ 49, 612 N.W.2d 600, 611).

ANALYSIS AND DECISION

[¶ 10.] 1. Where a vehicle has objects dangling from its rearview mirror and crosses the fog line, does an officer have a reasonable suspicion in order to justify a traffic stop.

[¶ 11.] The Fourth Amendment to the United States Constitution and Article VI § 11 of the South Dakota Constitution protect the people from unreasonable searches and seizures by government officials. Generally, any seizure of personal property without a warrant is considered per se unreasonable. United States v. Place, 462 U.S. 696, 701, 103 S.Ct. 2637, 2641, 77 L.Ed.2d 110 (1983). The United States Supreme Court, however, has recognized the "narrow authority of police officers ... to make limited intrusions on an individual's personal security based on less than probable cause." Michigan v. Summers, 452 U.S. 692, 698, 101 S.Ct. 2587, 2591, 69 L.Ed.2d 340 (1981) (citing Terry v. Ohio, 392 U.S. 1, 20, 88 S.Ct. 1868, 1879, 20 L.Ed.2d 889, 905 (1968)). Brief, investigatory traffic stops fall within this exception. United States v. Arvizu, 534 U.S. 266, 273, 122 S.Ct. 744, 750, 151 L.Ed.2d 740 (2002). "An investigatory stop satisfies the Fourth Amendment if the officer's action is supported by reasonable suspicion to believe that criminal activity `may be afoot.'" De La Rosa, 2003 SD 18, ¶ 7, 657 N.W.2d at 686 (citing Terry, 392 U.S. at 30, 88 S.Ct. at 1884, 20 L.Ed.2d at 911). See also State v. Ballard, 2000 SD 134, ¶ 12, 617 N.W.2d 837, 841

(requiring "reasonable, articulable suspicion that [a] person is involved in criminal activity unrelated to the traffic violation."). If upon further investigation an officer develops probable cause to believe either the driver or a passenger has committed a crime, a warrantless arrest "is consistent with the Fourth Amendment." Maryland v. Pringle, 540 U.S. ___, ___, 124 S.Ct. 795, 799, 157 L.Ed.2d 769 (2003). Searches based upon consent do not violate the Fourth Amendment so long as the consent was voluntary and not the product of coercion. United States v. Welerford, 356 F.3d 932, 935 (8thCir.2004) (quoting United States v. White, 42 F.3d 457, 459 (8thCir.1994)).

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