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State v. Bayard6/26/2003
This is an expedited appeal by the State of Nevada from a district court order granting a motion to suppress narcotics found when police searched respondent Rico Shountes Bayard after arresting him for committing two minor traffic violations.
Reno Police Officer Ty Sceirine witnessed Bayard commit two minor moving traffic violations. Bayard turned left onto a two-lane thoroughfare and "[i]nstead of taking the closest lane to the center line [Bayard] drove immediately to the outside lane, which is an illegal left turn." The second violation occurred when Bayard changed lanes abruptly. The officer followed the vehicle and observed a pedestrian waving at it. When the pedestrian spotted the patrol vehicle, he acted like he did not want to be seen flagging down the vehicle. At this point, Sceirine activated his lights and Bayard pulled his vehicle over to the side of the road. A male passenger seated beside Bayard was allowed to leave.
Bayard produced identification and cordially asked why he had been stopped. Sceirine told Bayard to step out of the vehicle. When Bayard exited the vehicle, he voluntarily informed Sceirine that he had a gun in his waistband and produced a valid concealed weapons permit. Bayard consented to a search of his person which yielded $116 in cash. Sceirine then arrested Bayard for violating local traffic ordinances. During the booking procedure, police strip searched Bayard and bindles of cocaine and marijuana fell on the floor when he removed his underwear.
Bayard was charged with (1) trafficking in a controlled substance (cocaine), (2) possession of a controlled substance for the purpose of sale (marijuana), and (3) possession of a controlled substance for the purpose of sale (cocaine). After a preliminary hearing and arraignment, Bayard filed a motion to suppress the drugs based on the allegedly illegal arrest. The district court conducted a hearing and granted Bayard's motion, stating:
The court finds that defendant's arrest violated NRS 171.1771 because he was arrested instead of being issued a citation even though there were no facts and circumstances which would cause a person of reasonable caution to believe that the defendant would disregard a written promise to appear. The evidence seized in the search incident to this arrest must be suppressed.
The State appeals the district court's decision.
DISCUSSION
"'Review in this court from a district court's interpretation of a statute is de novo.'"*fn1 "When a statute is plain and unambiguous, this court will give that language its ordinary meaning and not go beyond it."*fn2
As an initial matter, the district court inadvertently relied on NRS 171.1771 in determining Bayard's arrest was unlawful. NRS Chapter 171 covers "proceedings to commitment" in general and NRS 171.1771 discusses an officer's authority to issue a citation or arrest for misdemeanor crimes. The Legislature, however, excluded traffic violations from the purview of NRS 171.1771.*fn3 The proper statute is found in NRS Chapter 484, which governs traffic violations. NRS 484.795 is the controlling statute because it addresses warrantless misdemeanor arrests for traffic violations.
The State argues NRS Chapter 484 does not apply since Officer Sceirine arrested Bayard for violating a Reno local traffic ordinance, not a state ordinance. The distinction is irrelevant. The purpose of NRS Chapter 484 is to "[e]stablish traffic laws which are uniform throughout the State of Nevada, whether or not incorporated into local ordinances."*fn4 NRS 484.795, therefore, applies to all traffic ordinances in Nevada regardless of whether the ordinance is local, regional, or statewide.
The United St
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