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State v. Weddle3/14/2000
endant moved for suppression of the evidence seized from his van. The trial court held a hearing on the motion and denied it without issuing findings of fact. Defendant preserved his objections to the evidence by objecting at trial and including his objection in his motion for judgment of acquittal or new trial.
The Fourth Amendment to the United States Constitution preserves the right of citizens to be free from unreasonable searches and seizures. U.S. Const. Amend. IV. The State does not dispute that Defendant was "seized" for purposes of the Fourth Amendment when Wirt ordered him out of the van, but instead argues the seizure was reasonable.
Generally, a search or seizure is only permissible if there is probable cause to believe a person has committed or is committing a crime. Beck v. Ohio, 379 U.S. 89, 91, 85 S.Ct. 223, 225 (1964). However, the United States Supreme Court has held that the Fourth Amendment allows a brief investigative detention if the officer has a reasonable suspicion, based on specific and articulable facts, that the person is involved in criminal activity. Terry, 392 U.S. at 21, 88 S.Ct. at 1880; State v. Franklin, 841 S.W.2d 639, 641 (Mo. banc 1992). In determining whether the seizure and search were unreasonable, the court must determine "whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place." Terry, 392 U.S. at 20, 88 S.Ct. at 1879.
Here, Defendant had not committed any crime when approached by Officer Wirt and Wirt admitted that he did not suspect Defendant of committing any crime at that time. He was merely checking out an anonymous tip the police received. An anonymous tip by itself seldom, if ever, provides reasonable suspicion that a person has committed a crime warranting a Terry-stop. See, Alabama v. White, 496 U.S. 325, 329, 110 S.Ct. 2412, 2415-16 (1990). Officer Wirt admitted the anonymous tip in question did not provide reliable information. Therefore, Wirt could only detain Defendant to investigate the anonymous tip if he acquired information providing reasonable suspicion that Defendant had committed or was committing a crime. When he approached Defendant to detain him, Wirt admittedly had no suspicion, let alone reasonable suspicion, Defendant had committed or was committing a crime.
The State argues Wirt did have reasonable suspicion because Defendant was "slumped" over the wheel of the van. Even assuming those facts would have warranted an investigation and a brief detention of Defendant, Wirt's continued detention of Defendant after determining he was not intoxicated was illegal. If a detention continues "beyond the time reasonably necessary to effect its initial purpose, the seizure may lose its lawful character unless a new factual predicate for reasonable suspicion is found during the period of lawful seizure." State v. Stevens, 845 S.W.2d 124, 128 (Mo. App. E.D. 1993); See also, State v. Pfleiderer, No. WD57254, slip op. at 12-13 (Mo. App. W.D., filed Dec. 28, 1999); State v. Woolfolk, 3 S.W.3d 823, 829 (Mo. App. W.D. 1999); State v. Slavin, 944 S.W.2d 314, 317-18 (Mo. App. W.D. 1997). An investigative detention may not last any longer than is necessary to effectuate the purpose of the stop. Florida v. Royer, 460 U.S. 491, 500, 103 S.Ct. 1319, 1325 (1983). "The scope of the detention must be carefully tailored to its underlying justification." Id.
Here, any further detention of Defendant was not justified by the circumstances and exceeded the limits of a Terry investigative stop. The purpose of the stop, to investigate a possible intoxicated driver, was satisfied as soon as Defendant s
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