 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
City of Norton v. Stewart6/13/2003
detention for a routine traffic infraction stop.
Brown unquestionably had reasonable suspicion, shortly after Stewart entered the patrol car, that Stewart had been drinking and driving. At that point, Stewart's departure had not been unreasonably delayed beyond the normal time required to do a computer check and write a ticket. To find that the detention was expanded beyond the scope of a traffic stop, we must find that Brown was not permitted to have Stewart accompany him to the patrol car, i.e., the nature of the detention, rather than the duration of detention, had exceeded that which is permissible for a traffic stop.
Stewart complains that he should not have been required to exit his vehicle based solely upon a defective headlight infraction. However, after a vehicle is lawfully stopped for a traffic violation, the police officer, even without any suspicion of an additional crime, can order the motorist to get out of the vehicle; such an order is reasonable and does not violate the Fourth Amendment. See Pennsylvania v. Mimms, 434 U.S. 106, 111, 54 L . Ed. 2d 331, 98 S. Ct. 330 (1977). Having the detainee walk to and enter the patrol car during the time permitted for the law enforcement officer to run a driver's license check does not change the nature of the detention. Only the place of detention has changed; Stewart was not free to leave whether he was sitting in his car, standing beside his car, or sitting in the patrol car.
As noted, Brown's subjective motives are not determinative, so long as he did not exceed the permissible scope of the lawful traffic infraction detention. Following a traffic stop, an officer is not required to close his or her eyes to all offenses that are not traffic related. State v. MacDonald, 253 Kan. 320, 324, 856 P.2d 116 (1993). Brown was permitted to concurrently investigate the source of the odor of alcohol and other observable indicia of intoxication, so long as he was diligently pursuing the traffic stop investigation. Cf. State v. Kirby, 12 Kan. App. 2d 346, 355, 744 P.2d 146 (1987), aff'd 242 Kan. 803, 751 P.2d 1041 (1988) (appellate court looks to whether the officer diligently pursued a means of investigation that was likely to confirm or dispel his or her suspicions quickly). Brown testified that he was at the driver's door "not more than a couple of minutes" and that he and Stewart were in the patrol car a " ouple minutes probably." At the time that Brown obtained reasonable suspicion to commence a DUI investigatory detention, he was diligently pursuing the permissible traffic stop investigation. The district court did not err in denying the suppression motion.
Affirmed.
|