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Snow v. Maryland9/4/1990
The Fourth Amendment states that the
"right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized."
Distinguishing a "stop" from an "arrest" and a "frisk" from a "search," the Supreme Court of the United States created the "reasonable suspicion" standard in order to deal
"with the rapidly unfolding and often dangerous situations [that police encounter] on city streets[.]" Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). In Terry, 392 U.S. at 30, 88 S.Ct. at 1884, the Supreme Court held, inter alia:
" here a police officer observes unusual conduct which leads him reasonably to conclude in light of his experience that criminal activity may be afoot and that the persons with whom he is dealing may be armed and presently dangerous . . .,"
he may "stop" the suspect and make "reasonable inquiries."
The sole issue involved in this appeal is whether the police officer had "a reasonable and articulable suspicion" to support the detention of a driver after issuing a warning ticket for speeding. The observed facts upon which the officer based the articulable suspicion were: (1) the driver's lack of eye contact with the officer; (2) driving on a major interstate route which the officer knew to be a drug route; (3) the presence of three air fresheners in the driver's car; and (4) the driver's refusal to consent to a search of his vehicle. We hold that the police officer may not consider the last of the four "facts" to support the "reasonable suspicion" and that the first three do not create a "reasonable suspicion" to detain a driver after the purpose of the initial stop had been fulfilled. Consequently, the evidence recovered should have been suppressed.
FACTS
Just past noon on April 4, 1989, Maurice Jerome Snow, appellant, who was driving a 1983 Chevrolet Blazer, was stopped on Interstate 95 by Trooper First Class Nicholas Paros. Paros saw the car cross the state line from Delaware into Maryland at what he believed to be an excessive rate of speed. He followed the Blazer and clocked its speed at 64.1 miles per hour in 55 mile-per-hour zone. When
stopped, Snow, produced a driver's license and temporary registration, and admitted to driving at 58 miles per hour. Paros stated that Snow "seemed somewhat nervous and was not making any eye contact with me."
There is some discrepancy regarding when Paros asked Snow where he was going: Paros claims at this point, while Snow maintains that Paros asked after he gave him a warning. In any event, Snow replied that he and his passenger, Carl Davis, were coming from Philadelphia and going to northeast Washington, D.C., to see Davis's girlfriend. Paros was aware that reports showed that controlled dangerous substances were moving from the Philadelphia area to that part of Washington, D.C. Paros also noted three air fresheners hanging from the rear view mirror. Paros testified that from his experience air fresheners were "one of numerous concealment methods that smugglers use;" and that air fresheners were "sometimes . . . used as a concealment method to hide odor . . . for narcotics."
Paros at some point asked both men to exit the car and move over to the grass, but he admitted he was not sure when this occurred. Corporal Eric Danz testified, however, that when he came upon the scene he saw Paros talking to the two men seated at a table outside the car.
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