State v. Cyrus
State v. Cyrus
Opinion of the Court
Opinion
In this certified appeal,
The record discloses the following undisputed facts and procedural history. On March 10, 2006, the state
Thereafter, the state filed a request for a finding of fact, presumably to create a record for appeal, asking the trial court to make a finding solely as to the following issue: “[W]hether [the trial court had] found the testimony of Trooper Mattioli credible when he testified that he observed the chain hanging from the rearview mirror of the defendant’s vehicle prior to the investigatory stop.” In response, the trial court issued a “Supplemental Finding of Fact” setting forth the only factual findings in the record pertaining to the issue on appeal. Therein, the court found credible Mattioli’s testimony that he had seen “ ‘a chain hanging approximately [eight] to [ten] inches, hanging from the rearview mirror.’ ” The court noted as significant, however, the following exchange that had occurred on cross-examination of Mattioli, wherein he was asked: “ ‘[S]ometimes in your judgment there are things hanging from rearview mirrors that do [not] obstruct the view of the driver. Is that correct?’ ” Mattioli responded: “ ‘[I]f [it’s] not a busy night and I’m in a proactive mode, I try to stop as many cars as I can. If they have something
On appeal to the Appellate Court, the state did not contest the trial court’s conclusion that the anonymous tips were an insufficient basis to justify the initial stop of the defendant. State v. Cyrus, supra, 111 Conn. App. 485. Rather, as the Appellate Court noted, “[i]n its principal brief, the state . . . relied on cases in other jurisdictions that have held that even relatively small objects hanging from a rearview mirror justify the minimal intrusion engendered by a motor vehicle stop. In its reply brief, however, the state concede [d] that our statute does not proscribe ‘all items hanging from a rear-view mirror’ but instead requires a showing that the item or object be hung in such a manner as to ‘interfere’ with the unobstructed view of the highway or to ‘distract the operator.’ ... In its reply brief, the state effectively agree[d] with the defendant that, on its face, § 14-99f (c) does not make the hanging of an object from a rearview mirror a per se infraction. ... In light of the state’s concession that § 14-99f (c) requires proof of interference with an operator’s unobstructed view or the operator’s distraction, the state [was] left with the difficult task of showing that the [trial] court improperly found that the state [had] failed to meet its burden of proof. It urge[d] the [Appellate Corut] to conclude that, even if Mattioli improperly [had] stopped the defendant’s car simply because he observed a chain or [cross]
Significantly, before reaching this conclusion, the Appellate Court had rejected as inadequately briefed the state’s contention that the trial court’s ultimate finding of fact — that the stop of the defendant was not based on a violation of § 14-99f (c) but on the simple fact that Mattioli had observed something hanging from the defendant’s mirror — was clearly erroneous. Id., 486-87. In so doing, the Appellate Court further noted that any ambiguities in the record could not be read in the state’s favor because, although the state had sought and obtained a finding regarding the credibility of Mattioli’s observation of the hanging chain, “the state did not ask for a supplemental finding, and the court made none, that Mattioli credibly testified that he had seen anything attached to the rearview mirror ‘which moved back and forth’ in a distracting or obstructive manner. We cannot fill this gap in the record. Accordingly, we have no basis for faulting the trial court’s factual finding that Mattioli stopped the defendant’s car in accordance with his routine practice of stopping cars whenever he observed something attached to their rearview mirrors.” (Emphasis in original.) Id., 487.
On appeal to this court, the state claims that the Appellate Court improperly upheld the trial court’s conclusion that Mattioli lacked a reasonable and articulable justification for stopping the defendant’s car. Specifi
The law in this area is well settled. A stop pursuant to Terry v. Ohio, supra, 392 U.S. 21-22, is legal if three conditions are met: (1) the officer must have a reasonable suspicion that a crime has occurred, is occurring, or is about to occur; (2) the purpose of the stop must be reasonable; and (3) the scope and character of the detention must be reasonable when considered in light of its purpose. See Michigan v. Long, 463 U.S. 1032, 1051 n.16, 103 S. Ct. 3469, 77 L. Ed. 2d 1201 (1983). The United States Supreme Court has further defined “reasonable suspicion” for a traffic stop as requiring “some minimal level of objective justification for making the stop.” (Internal quotation marks omitted.) United States v. Sokolow, 490 U.S. 1, 7, 109 S. Ct. 1581, 104 L. Ed. 2d 1 (1989). Because a reasonable and articulable suspicion is an objective standard, we focus “not on the actual state of mind of the police officer, but on whether a reasonable person, having the information available to and known by the police, would have had that level of suspicion.” (Internal quotation marks omitted.) State v. Torres, 230 Conn. 372, 379, 645 A.2d 529 (1994). On appeal, “[t]he determination of whether a reasonable and articulable suspicion exists rests on a two part analysis: (1) whether the underlying factual
Therefore, to demonstrate that the stop in the present case was proper, the state was required to show that Mattioli had a reasonable and articulable suspicion that the chain and/or cross that he had observed was, or had been, obstructing the defendant’s vision or distracting his attention. In other words, although Mattioli did not have to know that the cross and chain was in fact either obstructing the defendant’s view or distracting his attention in order to determine that the stop was proper, the trial court was required to conclude that Mattioli reasonably suspected that the defendant was violating § 14-99f (c). Accordingly, there had to be some evidentiary basis upon which the court could have drawn that conclusion. See State v. Trine, 236 Conn. 216, 224-25, 673 A.2d 1098 (1996) (“[i]n justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion” [internal quotation marks omitted]).
In determining whether such a basis existed in fact and law, “[o]ur standard of review of a trial court’s findings and conclusions in connection with a motion to suppress is well defined. A finding of fact will not be disturbed unless it is clearly erroneous in view of the evidence and pleadings in the whole record .... [When] the legal conclusions of the court are challenged, [our review is plenary, and] we must determine whether they are legally and logically correct and whether they find support in the facts set out in the court’s memorandum of decision . . . .” (Internal quotation marks omitted.) State v. Pierre, 277 Conn. 42,
As we previously have indicated, the sole finding by the trial court was that Mattioli had stopped the defendant’s car because he saw the cross hanging from the rearview mirror and mistakenly believed that § 14-99f (c) makes it an infraction for a car to be driven with any object hanging from a rearview mirror.
As in Brazeau, in the present case, there was no testimony by Mattioli that he had in fact relied upon “objectively verifiable qualities of the hanging items that made them distracting or that interfered with the driver’s view . . . .’’Id.; compare State v. Quinlan, 921 A.2d 96, 108 (R.I. 2007) (The court concluded that, in contrast to the facts in Brazeau, the evidence before the trial court established “ ‘objectively verifiable qualities of the hanging items that made them distracting or that interfered with the driver’s view’ ” because “the cluster of items hanging from the mirror included a flag that was several inches wide and long, with an inch of
The trial court recognized that there must be more than a hypothetical possibility that the driver’s vision would be obstructed or that he would be distracted to constitute a violation of § 14-99f (c). Mattioli had to have reasonably believed that the statute was being violated or was about to be violated, and he must have been able to articulate this reasonable belief to the court. It would have been improper to conclude that Mattioli reasonably suspected that the chain and cross hanging from the defendant’s rearview mirror was in violation of § 14-99f (c) without regard to whether there was a factual basis for Mattioli to conclude that the defendant’s field of vision appeared to be obstructed or that the defendant appeared to be distracted by the hanging object. Because Mattioli’s testimony provided no such facts, he did not provide any basis to persuade the court that he had believed that the hanging cross obstructed the defendant’s view or that such a belief would have been reasonable. Thus, the trial court was left with a record that did not, as a matter of law, give rise to a reasonable and articulable suspicion of a violation of § 14-99f (c). Therefore, we agree with the Appellate Court’s determination that the trial court properly dismissed the charges against the defendant.
In this opinion ROGERS, C. J., and NORCOTT and McLACHLAN, Js., concurred.
We granted the state’s petition for certification to appeal from the Appellate Court limited to the following issue: “Did the Appellate Court correctly determine that the state police did not have a reasonable and articulable suspicion to stop the defendant for driving with obstructed vision under General Statutes § 14-99f (c)?” State v. Cyrus, 290 Conn. 919, 919-20, 966 A.2d 238 (2009).
Although the information charged the defendant with violating General Statutes § 14-99, both parties acknowledge that the proper statutory reference is to § 14-99f (c). See State v. Cyrus, 111 Conn. App. 482, 484 n.1, 959 A.2d 1054 (2008). General Statutes § 14-99i (c) provides: “No article, device, sticker or ornament shall be attached or affixed to or hung on or in any motor vehicle in such a manner or location as to interfere with the operator’s unobstructed view of the highway or to distract the attention of the operator.”
Mattioli’s initial description and the state’s motion for articulation incorrectly refer to the object hanging from the chain as a crucifix, which is defined as a cross bearing the figure of Jesus Christ. Webster’s Third New International Dictionary (1993). The object hanging from the defendant’s mirror was a simple wooden cross, which functioned as an air freshener.
The state focuses on the fact that, in rejecting the state’s position, the Appellate Court noted that the state’s argument “assume[d] that which the state was required to prove, namely, that there was credible evidence that the chain or crucifix that Mattioli observed was in fact interfering with the defendant’s vision or distracting his attention.” State v. Cyrus, supra, 111 Conn. App. 489. On the basis of that lone statement, the state claims that the Appellate Court failed to apply the reasonable and articulable suspicion test and instead improperly required the state to prove that Mattioli had stopped the car based on an actual violation of § 14-99f (c). We disagree with that interpretation of the Appellate Court’s decision.
On more than one occasion, the Appellate Court expressly recognized that the issue was whether the facts were sufficient to lead Mattioli to have had a reasonable and articulable suspicion that § 14-99f (c) was being violated. Indeed, two sentences of the Appellate Court opinion after the one on which the state relies, the Appellate Court properly framed the issue in concluding that “the state did not establish that Mattioli stopped the defendant’s car for any reason other than his mistaken, albeit good faith, belief that § 14-99f (c) makes it an infraction for a car to be driven with any object hanging from a rearview mirror”; id., 490; and deciding to “leave for another day, on another record, the question of how much of a distraction or impairment of an operator’s vision the state must establish to prove a violation of § 14-99f (c).” Id. Certainly, if the Appellate Court actually had demanded that the state establish proof of a completed offense rather than simply whether Mattioli lacked the reasonable and articulable suspicion that the defendant was violating § 14-99f (c), it necessarily would have had to examine that question. We, therefore, have no doubt that the Appellate Court clearly understood the state’s burden of proof at the suppression hearing as opposed to what its burden would be at trial and determined only that the state had failed to prove to the trial court that Mattioli had held a reasonable and articulable suspicion that the statute, as properly interpreted by the court, was being violated or was about to be violated. Although the language of the Appellate Court opinion that the state highlights, in isolation, appears to conflate that issue with what the state ultimately would have to prove at trial, read in context, the statement means simply that the trial court’s decision reflects a lack of proof by the state. Of course, because we exercise plenary review over the legal standards governing the appeal, we need not defer, in any event, to the Appellate Court’s legal conclusions. Cf. State v. Cruz, 269 Conn. 97, 104, 848 A.2d 445 (2004) (“[w]hether the Appellate Court properly employed Golding review
As the Appellate Court noted, “[a]s the trier of fact, the [trial] court had the authority to find, on the credible record before it, that the state did not establish that Mattioli stopped the defendant’s car for any reason other than his mistaken, albeit good faith, belief that § 14-99f (c) makes it an infraction for a car to be driven with any object hanging from a rearview mirror. Although our legislature might have enacted such a statute, the state now concedes that it has not done so.” State v. Cyrus, supra, 111 Conn. App. 490.
When a traffic stop is based upon a mistake of law, that mistake cannot provide the objective grounds for reasonable suspicion to render the stop constitutional. United States v. McDonald, 453 F.3d 958, 961 (7th Cir. 2006). Although this court has not spoken directly to this issue, we presume for purposes of this opinion that an otherwise improper stop based on a mistake of law may nonetheless be deemed reasonable and constitutional if the facts known to the officer raised a reasonable suspicion that the defendant was in fact violating the law as properly interpreted. See United States v. Delfín-Colina, 464 F.3d 392, 399 (3d Cir. 2006) (concluding that, if objective review of record establishes reasonable grounds to conclude identified law actually was broken, stop is constitutional despite fact that officer was mistaken about scope of activities law actually prohibited).
Indeed, as the Appellate Court’s rejection of the state’s challenge to the trial court’s ultimate finding of fact demonstrates, the record reflects that the state belatedly recognized that the record was deficient as to essential factual findings, but for whatever reason, failed to elicit essential testimony
In Brazeau, the trial court had found that the diamond shaped prism, one of the objects suspended from the mirror, possessed reflective characteristics and that the investigating police officer had observed the reflection of the prism as the motor vehicle passed him. Commonwealth v. Brazeau, supra, 64 Mass. App. 66. The Massachusetts Appeals Court concluded, however, that there was no evidentiary basis for this finding. Id. “Rather, the evidence adduced at the motion hearing established only that the officer effectuated the stop because he observed one or more small objects hanging from the rearview mirror and, on that basis alone, determined that the operation of the vehicle was or may have been impeded.” Id.
We note that, at the hearing on the motion to suppress, Mattioli did testify that he had observed the chain moving back and forth after the defendant’s car turned a comer onto the street where Mattioli effectuated the stop. As we previously have noted, however, the state did not request, and the trial court did not make, any finding as to whether Mattioli’s testimony that he had seen the chain moving prior to the stop was credible and, if so, whether the facts objectively gave rise to a reasonable suspicion that the chain could have been moving in such a manner that it either obstructed the defendant’s view or distracted him. Indeed, we note that the state implicitly has conceded that the record does not support a finding that Mattioli suspected that the chain was distracting the defendant because it sought certification to appeal solely on the question of whether “the Appellate Court correctly determine[d] that the state police did not have a reasonable and articulable suspicion to stop the defendant for driving with obstructed
Dissenting Opinion
dissenting. I respectfully disagree with the majority’s conclusion that the Appellate Court properly determined that the state failed to demonstrate that State Trooper David Mattioli possessed a reasonable and articulable suspicion to stop the defendant, Gregory Cyrus, for a suspected violation of General Statutes § 14-99f (c)
The majority opinion adequately sets forth the facts found by the trial court, as well as the procedural history before the trial court. The following additional facts and procedural history regarding the proceedings before the Appellate Court, however, are also relevant to the issue on appeal. The state appealed to the Appellate Court from the judgment of the trial court dismissing the charges, challenging both the findings of fact and con
The Appellate Court rejected the state’s claims, reasoning that the trial court’s factual findings regarding Mattioli’s justification for stopping the car were supported by the record. Id., 487. The Appellate Court ultimately determined that the trial court properly dismissed the charges against the defendant. Id., 490. It concluded that “the state did not establish that Mattioli stopped the defendant’s car for any reason other than his mistaken, albeit good faith, belief that § 14-99f (c) makes it an infraction for a car to be driven with any object hanging from a rearview mirror”; (emphasis in original) id.; rather than an item that was “hung in such a manner as to interfere with the unobstructed view
I agree with the majority with respect to the standard of review. “Our standard of review of a trial court’s findings and conclusions in connection with a motion to suppress is well defined. A finding of fact will not be disturbed unless it is clearly erroneous in view of the evidence and pleadings in the whole record .... [W]here the legal conclusions of the court are challenged, we must determine whether they are legally and logically correct and whether they find support in the facts set out in the memorandum of decision .... We undertake a more probing factual review when a constitutional question hangs in the balance. ... In the present case, in which we are required to determine whether the defendant was seized by the police [pursuant to a Terry stop], we are presented with a mixed question of law and fact that requires our independent review.” (Citations omitted; internal quotation marks omitted.) State v. Burroughs, 288 Conn. 836, 843-44, 955 A.2d 43 (2008).
I further agree with the majority that “[i]t is well settled that a police officer may briefly detain an individual for investigative purposes if the officer has a reasonable and articulable suspicion that the individual has committed or is about to commit a crime.” (Internal quotation marks omitted.) State v. Batts, 281 Conn. 682, 690-91, 916 A.2d 788, cert. denied, 552 U.S. 1047, 128 S. Ct. 667, 169 L. Ed. 2d 524 (2007). I want to emphasize, however, three important principles regarding Terry stops. First, the purpose of a Terry stop is inherently investigatory. “When a reasonable and articulable suspicion exists, the detaining officer may conduct an investigative stop of the suspect in order to confirm or dispel his suspicions. . . . This rule applies when the police reasonably suspect a traffic violation.” (Citations omitted; emphasis added; internal quotation
Second, it is axiomatic that an officer’s subjective beliefs regarding the relevant law or underlying facts are irrelevant to a proper Terry analysis. “Reasonable and articulable suspicion is an objective standard that focuses not on the actual state of mind of the police officer, but on whether a reasonable person, having the information available to and known by the police, would have had that level of suspicion.” (Emphasis added; internal quotation marks omitted.) State v. Colon, 272 Conn. 106, 149, 864 A.2d 666 (2004), cert. denied, 546 U.S. 848, 126 S. Ct. 102, 163 L. Ed. 2d 116 (2005); see also State v. Mikolinski, 256 Conn. 543, 551, 775 A.2d 274 (2001) (noting Terry stops are “predicated upon police discretion” [emphasis in original]).
Third, to demonstrate reasonable and articulable suspicion, a police officer may rely on rational inferences derived from observed facts. It is settled that “a police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion. ... In determining whether a detention is justified in a given case, a court must consider if, relying on the whole picture, the detaining officers had a particularized and objective basis for suspecting the particular person stopped of criminal activity. When reviewing the legality of a stop, a court must examine the specific information available to the police officer at the time of the initial intrusion and any rational inferences to be derived therefrom.” (Emphasis added; internal quotation marks omitted.) Tarro v. Commissioner of Motor Vehicles, 279 Conn. 280, 290-91, 901 A.2d 1186 (2006);
In the lower court proceedings, the state claimed that Mattioli had conducted a Terry stop of the defendant’s car for a suspected violation of § 14-99f (c). To execute a proper Terry stop with regard to a possible violation of this statute, a police officer must demonstrate that he or she had a reasonable and articulable suspicion, based on specific and articulable facts, and reasonable inferences therefrom, that an object in the driver’s car either interfered with the driver’s unobstructed view or distracted the driver’s attention. See Tarro v. Commissioner of Motor Vehicles, supra, 279 Conn. 290-91. Whether a reasonable and articulable suspicion of a violation of § 14-99f (c) existed constitutes not only the heart of the issue before this court, but also the issue previously before the trial court and the Appellate Court.
During the previous court proceedings, the trial court found credible Trooper Mattioli’s testimony that he saw “a chain hanging approximately [eight] to [ten] inches, hanging from the rearview mirror” prior to executing his stop of the defendant’s automobile. A chain, freely suspended from the rearview mirror and measuring nearly one foot in length, would readily swing or move when the defendant made a turn or drove over an uneven surface.
Many states have statutes similar to § 14-99f (c) that prohibit the placement of objects in motor vehicles that obstruct the view of the driver. See, e.g., Ariz. Rev. Stat. Ann. § 28-959.01 (B) (2004) (prohibiting object that “obstructs or reduces a driver’s clear view”); Cal. Veh.
Both the majority and the defendant rely on Commonwealth v. Brazeau, 64 Mass. App. 65, 831 N.E.2d 372 (2005). I conclude, however, that Brazeau is distinguishable on its facts and the law. In that case, the
The majority concludes that the state presented no testimony that Mattioli considered the chain to present
Because I would reverse the judgment of the Appellate Court concluding that the trial court properly dismissed the charges against the defendant, I respectfully dissent.
General Statutes § 14-991' (c) provides that “[n]o article, device, sticker or ornament shall be attached or affixed to or hung on or in any motor vehicle in such a manner or location as to interfere with the operator’s unobstructed view of the highway or to distract the attention of the operator.”
The majority fails to recognize that the Appellate Court did not apply the proper Terry standard to the state’s claims, but rather adopted the trial court’s conclusion that the state must prove a completed offense to state a Terry claim. As the Appellate Court noted, the state “urge[d] [the Appellate Court] to conclude that, even if Mattioli improperly stopped the defendant’s car simply because he observed a chain or crucifix hanging from the defendant’s rearview mirror, ‘[i]f the facts are sufficient to lead an officer to reasonably believe there was a violation, that will suffice, even if the officer is not certain about exactly what it takes to constitute a violation.’ ” State v. Cyrus, supra, 111 Conn. App. 489. The state, therefore, presented a classic Terry argument, but the Appellate Court expressly rejected it, concluding that “[accepting this argument would stand the state’s burden of proof in a criminal case on its head. . . . The state’s argument assumes that which the state was required to prove, namely, that there was credible evidence that the chain or crucifix that Mattioli observed was in fact interfering with the defendant’s vision or distracting his attention.” (Emphasis added.) Id. The Appellate Court, in rejecting the state’s Terry argument, required the state to prove a completed violation of the statute. Rather than permitting the state to prove that the object could have been interfering with the defendant’s vision or distracting his attention, the Appellate Court concluded
Contrary to the majority’s assertion that the state interprets this quotation out of context, the Appellate Court several times applied the improper standard, therefore consistently misconstruing the state’s argument. The Appellate Court noted that the “state sought to justify a Terry stop by alleging an automobile operator’s violation of ... § 14-99f (c).” (Emphasis added.) Id., 483. The Appellate Court, by misconstruing the state’s argument as intending to prove a violation, misapplied Terry because only a reasonable and articulable suspicion that a violation could be occurring is required, not evidence of a completed violation. The Appellate Court additionally noted that it affirmed the judgment of the trial court because “the state did not establish that [the defendant] had violated the statute.” (Emphasis added.) Id., 484. The Appellate Court further disagreed with the state’s claim that it was improperly required by the trial court “to establish that such a hanging object in fact obstructed the operator’s vision or distracted the operator’s attention.” (Emphasis added.) Id., 485. The Appellate Court thus repeatedly emphasized its requirement that the state prove a completed violation rather than a reasonable and articulable suspicion that a violation could be occurring.
“ ‘As a matter of language, the word “knowing” [and therefore knowledge] literally imports something pretty close to 100 [percent] certainly; “believing,” something less than certainty; and “suspecting,” something less certain than “believing.” ’ 2 W. LaFave & A. Scott, Substantive Criminal Law (1986) § 8.10, p. 427. Black’s defines ‘suspicion’ to mean ‘[t]he apprehension of something without proof or upon slight evidence. Suspicion implies a belief or opinion based upon facts or circumstances which do not amount to proof.’ Black’s Law Dictionary (6th Ed. 1990). Webster’s states that ‘suspicion’ means ‘imagination or apprehension of something wrong or hurtful without proof or on slight evidence.’ Webster’s Third New International Dictionary (1986). ‘Suspicion’ then does not rise to the level of ‘belief,’ let alone ‘knowledge.’ ” State v. Fuller, 56 Conn. App. 592, 620-21, 744 A.2d 931, cert. denied, 252 Conn. 949, 748 A.2d 298, cert. denied, 531 U.S. 911, 121 S. Ct. 262, 148 L. Ed. 2d 190 (2000).
During oral argument in this court, the counsel for the defendant conceded that the chain could move and swing back and forth when the vehicle moved. Despite this admission, the majority insists that there is no proof that the chain will swing while the car is in motion. The majority disregards Newton’s first law of physics, specifically, that an object in motion will remain in motion until an outside force acts upon it. See 1A P. Tipler & G.
Similarly, the majority improperly faults the state for what it finds to be a gap in the record, namely, that the state did not secure a factual finding that the chain actually obstructed the defendant’s view or distracted the defendant’s attention. I emphasize again that such a finding is not required by Terry. Officer Mattioli was justified in executing a traffic stop because, upon observing the hanging chain, he was justified in drawing reasonable inferences to conclude that the chain would swing when the car moved or turned. See Tarro v. Commissioner of Motor Vehicles, supra, 279 Conn. 290 (“a police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion” [emphasis added; internal quotation marks omitted]).
Section 26708 (a) (2) of the California Vehicle Code (Deering 2000) provides: “No person shall drive any motor vehicle with any object or material placed, displayed, installed, affixed, or applied in or upon the vehicle which obstructs or reduces the driver’s clear view through the windshield or side windows.”
Section 46.2-1054 of the Virginia Code Annotated (2005) provides in relevant part: “It shall be unlawful for any person to drive a motor vehicle on a highway in the Commonwealth with any object or objects . . . suspended from any part of the motor vehicle in such a manner as to obstruct the driver’s clear view of the highway through the windshield, the front side windows, or the rear window, or to alter a passenger-carrying vehicle in such a manner as to obstruct the driver’s view through the windshield
Section 60-6,256 of the Nebraska Revised Statutes (2004) provides in relevant part: “It shall be unlawful for any person to operate a motor vehicle with any object placed or hung in or upon such vehicle, except required or permitted equipment of the vehicle, in such a manner as to obstruct or
Section 28-959.01 B of the Arizona Revised Statutes Annotated (West 2004) provides: “Except as otherwise provided in this section, a person shall not operate a motor vehicle with an object or material placed, displayed, installed, affixed or applied on the windshield or side or rear windows or with an object or material placed, displayed, installed, affixed or applied in or on the motor vehicle in a manner that obstructs or reduces a driver’s clear view through the windshield or side or rear windows.”
The out-of-state cases cited by the majority are similarly fact driven and reliant upon the relevant statute, and they are therefore distinguishable from the present case. In People v. White, 107 Cal. App. 4th 636, 642, 132 Cal. Rptr. 2d 371 (2003), and People v. Colbert, supra, 157 Cal. App. 4th 1072, the statute relied upon prohibited driving a vehicle with “any object . . . displayed [that] obstructs or reduces the driver’s clear view through the windshield or side windows.” (Emphasis added.) Unlike our statute, § 14-99f (c), which requires a completely unobstructed view, the California statute only requires a “clear view . . . .” Cal. Veh. Code § 26708 (a) (2) (Deering 2000). Similarly, in People v. Jackson, 335 Ill. App. 3d 313, 315, 780 N.E.2d 826 (2002), and People v. Cole, 369 Ill. App. 3d 960, 961, 874 N.E.2d 81 (2007), the statute only prohibited items that “materially obstructe[d]” a driver’s view rather than any item that interfered with the driver’s unobstructed view. Additionally, in People v. Arias, 159 P.3d 134, 137 (Colo. 2007), the trial court “made the factual determination that the air freshener was ‘an undefined size’ and that there was ‘never any testimony as to [its] actual size.’ ” Unlike that case, we have an extensive record with regard to the dimensions and the length of the chain in the present case, including the object itself as an exhibit.
The issue is not now, nor was it, what constitutes a pretextual stop pursuant to § 14-99f (c). See footnote 1 of the majority opinion.
Reference
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- State of Connecticut v. Gregory Cyrus
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