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State v. Gutierrez7/10/2002
2002 Opinion No. 51
Order denying motion to suppress evidence, reversed.
This is an appeal from an order denying suppression of evidence found in an automobile after a traffic stop. Because we conclude that the police officer unreasonably extended the detention after the reason for the traffic stop was concluded, we reverse.
I. FACTUAL AND PROCEDURAL BACKGROUND
During the early evening hours of July 9, 1999, Angel Ann Gutierrez ("Angel") and Anthony Adolph Gutierrez ("Anthony"), sister and brother, were traveling as passengers in an out-of-state automobile that was being driven by Kevin B. Cheek. The vehicle was pulled over by Officer Jon Bunderson of the Soda Springs Police Department for speeding. Bunderson asked Cheek for his driver's license and registration, which Cheek produced. Bunderson thought that Cheek exhibited undue nervousness during this exchange. Bunderson told Cheek to remain in the vehicle with Angel and Anthony while Bunderson ran the necessary license and registration checks in his patrol car. It took Bunderson approximately five minutes to complete these checks, which revealed no problems with the driver's license or automobile registration. Bunderson then went back to Cheek's vehicle to give Cheek a warning for speeding. Before delivering the warning or handing back the license and registration, Bunderson asked Cheek to step out of his vehicle. Once Cheek had exited his vehicle, Bunderson delivered the warning and returned the license and registration to Cheek.
Without turning off the overhead lights on his patrol car, or indicating that Cheek could return to his vehicle, or telling Cheek that he was free to leave, Bunderson asked Cheek three questions: whether Cheek had any alcohol or open alcoholic containers in the vehicle; whether he had any controlled substances in the vehicle; and whether he had any weapons in the vehicle. Bunderson told Cheek that his reason for asking the questions was that he had observed that Anthony, the rear seat passenger, acted very nervous. Cheek responded negatively to each question. The questioning took between sixty to ninety seconds to complete.
While Cheek was answering these questions, Bunderson noticed that Cheek was averting his eyes and making overly dramatic gestures with his arms. Based on those observations, Bunderson believed that Cheek was being deceptive. Bunderson then asked Cheek for permission to search his vehicle. Cheek consented. Immediately thereafter, Bunderson asked Angel and Anthony, who were still sitting inside the vehicle, whether they objected to Cheek's consent to search. Neither Angel nor Anthony objected, and each stepped out in order to allow Bunderson to search. Bunderson's search revealed marijuana and drug paraphernalia in a purse, backpack, and another bag, each of which belonged to Angel or Anthony.
Angel and Anthony were cited by Officer Bunderson for misdemeanor possession of marijuana, Idaho Code § 37-2732(c)(3), and possession of drug paraphernalia, I.C. § 37-2734A(1), and they subsequently moved the magistrate court to suppress the marijuana and drug paraphernalia, contending that Bunderson violated their Fourth Amendment rights when he prolonged the vehicle stop and searched the vehicle after the purpose of the stop had been concluded. The magistrate denied the suppression motion. Angel and Anthony then pleaded guilty to the charged offenses but reserved their right to appeal the suppression ruling. The district court on intermediate appeal affirmed the magistrate's order.
II. ANALYSIS
Motions to suppress evidence for violation of constitutional rights present questions of fact and law. The facts t
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