United States v. Wrobel
United States v. Wrobel
Opinion of the Court
Pending before the Court is Defendant Michael John Wrobel's Motion to Suppress. While driving northbound on I-15 at approximately 7:11 pm on April 8, 2017, Mr. Wrobel was pulled over by Idaho State Police Trooper Kenneth Peeples for failing to signal for five seconds before changing lanes. During the traffic stop, Trooper Peeples asked Mr. Wrobel to exit his vehicle, conducted a patdown, and then conducted a canine search of the exterior and interior of Mr. Wrobel's car. Based on the behavior of his K-9 Partner, Trooper Peeples determined he had probable cause to search the vehicle. During the search, Trooper Peeples discovered a substance that field-tested positive for methamphetamine and arrested Mr. Wrobel. Mr. Wrobel moves to suppress the evidence obtained from Trooper Peeples's search of the vehicle on the grounds that Trooper Peeples violated his Fourth Amendment rights by unlawfully prolonging the traffic stop and conducting a search of his vehicle.
The Court heard testimony at an evidentiary hearing on December 5, 2017, and received closing briefs from the parties on December 11, 2017. For the reasons explained below, the Court will grant the motion.
BACKGROUND
While patrolling I-15 on April 8, 2017, Trooper Peeples observed Mr. Wrobel change lanes without signaling for five seconds, as required by Idaho law. Def.'s Br. Ex. A at 3, Dkt. 18-2. Trooper Peeples pulled Mr. Wrobel over, and approached the passenger side window of the vehicle. Id. When he arrived at the vehicle, Trooper Peeples noticed that Mr. Wrobel had rolled down both front windows. Id. Trooper Peeples explained why he had stopped Mr. Wrobel, and asked him for his license, registration, and insurance. Id. As Mr. Wrobel retrieved the relevant documents, Trooper Peeples invited him to roll up the driver's side window, and asked him where he was "headed up to now." Def.'s Br. Ex. B at 19:13:13, Dkt. 18-3. Mr. Wrobel rolled the window halfway up, and informed Trooper Peeples he was going to see a friend in Montana. Def.'s Br. Ex. A at 3, Dkt. 18-2. When Trooper Peeples asked how long he would be in Montana, Mr. Wrobel replied he was going for about three days. Id.
As they spoke, Trooper Peeples noticed the strong smell of air freshener coming from the vehicle, and that Mr. Wrobel's upper lip quivered when he spoke. Id. He again invited Mr. Wrobel to roll up the driver's side window, which was still halfway down, and Mr. Wrobel complied. Id. Trooper Peeples also noticed a lighter and used ashtray in the center console, and identified the program playing on the car radio as a Mormon religious music program. Id.
Mr. Wrobel handed Trooper Peeples the documents he requested, including his rental agreement. Id. The agreement showed that the vehicle was rented in Los Angeles on April 4, 2017 and had a return date of April 25, 2017. Id. Trooper Peeples then asked Mr. Wrobel to close his eyes. Id. After a moment, Trooper Peeples returned to his patrol car. Id. At this point, Trooper Peeples had developed a suspicion that Mr. Wrobel was involved in criminal activity based on his actions, the answers he gave to Trooper Peeples's questions, and Trooper Peeples's observations of him in comparison with other interactions he had in the past. Id. Specifically, Trooper Peeples relied on the following facts: 1) The strong smell of air freshener in the vehicle; 2) the fact that Mr. Wrobel was driving a rental *1132vehicle; 3) the fact that Mr. Wrobel rolled down both windows, and didn't immediately roll up the driver's side window all the way when invited; 4) the fact that Mr. Wrobel planned to be in Montana for about three days but had rented the car for three weeks; 5) the fact that Mr. Wrobel's lip quivered when he spoke; and 6) the fact that he was playing Mormon religious music, which Trooper Peeples believed could indicate that Mr. Wrobel was overcompensating by attempting to affiliate with the local religious community. Id.
When Trooper Peeples returned to his patrol car, he reviewed the documents briefly and asked dispatch to conduct a wants and warrants check and a prior controlled substance criminal history check on Mr. Wrobel. Id. He then exited his patrol car and returned to Mr. Wrobel's vehicle. Id. Trooper Peeples testified that when he decided to approach the vehicle for the second time, he was already suspicious that Mr. Wrobel was involved in criminal activity. He stated that he intended to conduct the dog sniff unless Mr. Wrobel's acted in some way to dispel that suspicion. Specifically, Trooper Peeples testified that he intended to conduct the dog sniff unless Mr. Wrobel's nervousness abated.
When Trooper Peeples approached the car for the second time, he asked Mr. Wrobel if there was anything illegal inside the car. Id. Mr. Wrobel responded "no, no, no." Id. Trooper Peeples then asked whether his K-9 partner, Apollo, would alert to the odor of drugs coming from the car. Id. Mr. Wrobel shook his head. Id. Trooper Peeples asked Mr. Wrobel to exit the vehicle. Id. Mr. Wrobel asked why he needed to exit the vehicle. Id. Trooper Peeples explained that he was going to have Apollo walk around the car. Id.
Holding the keyless ignition fob in his hand, Mr. Wrobel pressed the ignition button on the dash of the car. Id. Trooper Peeples testified that he heard the engine turn over, and asked why Mr. Wrobel turned the car on. Mr. Wrobel stated he was turning it off. Id. Trooper Peeples noted that the key fob did not have a rental car tag on it. Id. Mr. Wrobel exited the vehicle and consented to a pat down search, which Trooper Peeples performed. Id. at 4. As Trooper Peeples completed the pat down search, dispatch informed him there were no outstanding warrants for Mr. Wrobel. Def's Br. Ex. B at 19:17:41, Dkt. 18-3. Trooper Peeples then retrieved his K-9 partner from the car, and walked him on the leash around the vehicle. Def.'s Br. Ex. A at 4, Dkt. 18-2.
Trooper Peeples and his K-9 partner are certified in drug detection. Id. When he approached the vehicle, Apollo jumped on his hind legs and sniffed inside the open passenger window. Def's Br. Ex. B at 19:18:11-19:18:34, Dkt. 18-3. He also jumped on his hind legs near the trunk of the car, and sniffed the driver's side door handle. Id. at 19:18:34-19:18:50. Apollo then walked back to the passenger window, and jumped through the window into the car. Id. at 19:18:55. Trooper Peeples assisted Apollo into the vehicle, and called for backup. Id. According to Trooper Peeples, he then observed Apollo engage in a trained response, which indicated the presence of illegal drugs on the driver's side floorboard. Def.'s Br. Ex. A. at 4, Dkt. 18-2. Trooper Peeples returned Apollo to his patrol car, and conducted a search of the vehicle, during which he discovered the methamphetamine at issue. Id.
LEGAL STANDARD
"The Fourth Amendment prohibits 'unreasonable searches and seizures' by the Government, and its protections extend *1133to brief investigatory stops of persons or vehicles that fall short of traditional arrest." United States v. Arvizu ,
"A seizure for a traffic violation justifies a police investigation of that violation." Rodriguez v. United States , --- U.S. ----,
Evidence obtained as a result of an unreasonable search or seizure is "ordinarily tainted by the prior illegality and thus inadmissible, subject to a few recognized exceptions." Gorman ,
ANALYSIS
Mr. Wrobel argues that the evidence of methamphetamine found in his vehicle must be suppressed because Trooper Peeples did not have reasonable articulable suspicion to prolong the traffic stop to conduct a dog sniff. The government has conceded that Trooper Peeples prolonged the traffic stop when he conducted the dog sniff after dispatch returned the wants and warrants check on Mr. Wrobel. Pl.'s Br. at 7, Dkt. 23. The Defense contends, however, that Trooper Peeples abandoned the traffic stop prior to the return of the wants and warrants check, when he ordered Mr. Wrobel out of the vehicle. Def.'s Br. at 3, Dkt. 33.
As an initial matter, the Court finds that a police officer unlawfully expands the scope of a traffic stop when he compels a person to exit their vehicle for investigative purposes unrelated to the mission of a lawful traffic-stop, absent a reasonable articulable suspicion the person is engaged in criminal activity. The Fourth Amendment imposes "limitations upon the scope, as well as the initiation, of police action." Terry v. Ohio ,
*1134Thus, the determination of whether a seizure is unreasonable rests on "whether the officer's action was justified at its inception, and whether it was reasonably related in scope to the circumstances which justified the interference in the first place."
The reasonableness of a traffic stop is determined by its mission "to address the traffic violation that warranted the stop." See Rodriguez ,
Ordering a person to exit their vehicle for purposes unrelated to the traffic similarly expands the scope of a seizure.
Instead, assessing reasonableness requires balancing "the governmental interest which allegedly justifies official intrusion upon the constitutionally protected interest ... against the invasion which the search (or seizure) entails." Terry ,
The Court finds that the facts known to Trooper Peeples at the time he instructed Mr. Wrobel to exit his vehicle did not support a reasonable articulable suspicion *1135that Mr. Wrobel was engaged in criminal activity. Therefore, the seizure became unlawful at that point in time. However, even if the Court ignores Trooper Peeples' order that Wrobel exit the vehicle, it would still find that Peeples did not have reasonable articulable suspicion when he further prolonged the stop to conduct a dog sniff.
1. Legal Standard for Reasonable Suspicion
"Reasonable suspicion exists when an officer is aware of specific, articulable facts which, when considered with objective and reasonable inferences, form a basis for particularized suspicion." Evans ,
"The requirement of particularized suspicion encompasses two elements. First, the assessment must be based upon the totality of the circumstances. Second, that assessment must arouse a reasonable suspicion that the particular person being stopped has committed or is about to commit a crime." United States v. Montero-Camargo ,
The totality of the circumstances test is objective, and considers not only the factors that an officer subjectively relied on, but also any factors known by him that would reasonably contribute to or mitigate suspicion that a person was engaged in criminal activity. See United States v. Manzo-Jurado ,
Trooper Peeples articulated the following facts in support of his initial suspicion that Mr. Wrobel was involved in criminal activity:
(1) The strong smell of air freshener in the vehicle, indicating an attempt to cover up the smell of drugs;
(2) the fact that Mr. Wrobel was driving a rental vehicle, which are often used in drug smuggling;
(3) the fact that Mr. Wrobel rolled down both windows, and didn't immediately roll up the driver's side window all the way when invited, again indicating an attempt to cover up the smell of drugs;
(4) the fact that he planned to be in Montana for about three days but had the rental car for three weeks, indicating vague and evasive answers about his travel plans;
(5) the fact that Mr. Wrobel's lip quivered when he spoke, indicating nervousness; and
(6) the fact that he was playing Mormon religious music, which Officer Peeples believed could indicate that he was *1136overcompensating by attempting to affiliate with the local religious community.
In their brief, the government also cites the fact that Mr. Wrobel was traveling on I-15, a "common corridor for smuggling drugs into the northwest." Pl.'s Br. at 8, Dkt. 23.
Trooper Peeples testified at the suppression hearing that he suspected Mr. Wrobel was engaged in criminal activity after their initial encounter, and he proceeded to conduct the dog sniff because Mr. Wrobel's nervousness did not abate during their second interaction. In his report, Trooper Peeples did not mention Mr. Wrobel's continued nervousness, and instead indicated that upon approaching the vehicle a second time, the following factors contributed to his suspicion:
(1) the Defendant paused, broke eye contact, and asked why he was being asked to exit the vehicle;
(2) the Defendant pressed the start/stop button on the car before exiting the vehicle;
(3) the key fob did not have a rental company tag attached to it.
Taking into account the totality of the circumstances, the Court finds that the facts to not support a finding that reasonable articulable suspicion existed to justify expanding the scope of the traffic stop, either at the point Trooper Peeples ordered Mr. Wrobel out of the car, or when he admittedly prolonged the traffic stop by conducting a dog sniff after the wants and warrants check was returned.
2. Reasonable Articulable Suspicion for the Exit Order
Several of the factors the government relies on to show that reasonable articulable suspicion existed carry little weight because they "describe too many individuals to create a reasonable suspicion that this particular defendant was engaged in criminal activity." United States v. Rodriguez ,
Trooper Peeples testified that he suspected Mr. Wrobel was attempting to cover up the smell of narcotics in his vehicle, because he observed that there was a strong smell of air freshener in the car, and because typically rental cars do not come with air freshener. While a strong odor of air freshener may contribute to reasonable suspicion, see, e.g. , United States v. Rojas-Millan ,
*1137United States v. Guerrero , No. 03-cr-138,
Nor were Mr. Wrobel's travel plans so "oddly vague" as to create objective reasonable suspicion that he was engaged in criminal activity. Rojas-Millan ,
Here, Trooper Peeples testified that he found it suspicious Mr. Wrobel intended to go to Montana for "maybe three days," because his rental agreement was for three weeks, and because "drug traffickers are often vague about trip details and tell conflicting stories to cover up their real trip plans." Pl.'s Br. at 8, Dkt. 23. But Trooper Peeples only asked Mr. Wrobel where he was headed "up to now" and failed to ask any follow-up questions regarding Mr. Wrobel's itinerary. Nor did he inquire about the length of Wrobel's rental agreement, or any apparent discrepancy between the length of the rental and Mr. Wrobel's travel plans. Mr. Wrobel did not tell any stories that conflicted with his plans to go to Montana for approximately three days. Nor was his trip plainly inconsistent with the long-term rental, particularly given the absence of facts establishing his subsequent plans. And, unlike driving 400 miles in one day for a brief meeting with a friend, going to Montana for "probably three days" is not so odd that it reasonably suggests a person is engaged in drug delivery or other illegal activity. Thus, the Court finds that Mr. Wrobel's travel plans do not support a reasonable suspicion that he was engaged in criminal activity.
Finally, the Court does not assign any weight to Trooper Peeples's testimony that Mr. Wrobel's reaction to being asked if there were drugs in the vehicle made Peeples suspicion of criminal activity. Trooper Peeples testified that the denial Mr. Wrobel gave to his first question, "no, no, no" was suspicious, but could not articulate why. He testified that repeating the word no could be interpreted either as adamant, or as not adamant. Trooper Peeples also testified that the denial Mr. Wrobel made to the second question, shaking his head, was suspicious because it was not adamant enough. The Court finds that, even accounting for officer experience and training, the Goldilocks standard employed by Trooper Peeples is inherently subjective. Thus, it is insufficient to support an objective *1138reasonable suspicion of criminal activity.
For these reasons, the Court finds that the facts known to Trooper Peeples at the time he ordered Mr. Wrobel to exit the vehicle were not sufficient to support a reasonable articulable suspicion, and thus that Trooper Peeples unlawfully expanded the scope of the traffic stop at that time. Because the exit order was the "impetus for the chain of events" leading to the discovery of the methamphetamine, that evidence is "tainted" by the illegality of the seizure and must be suppressed. Gorman ,
3. Reasonable Articulable Suspicion to Prolong the Stop
Even if the Court were to conclude that the scope of the stop was not unreasonably expanded until it was prolonged to facilitate the use of a drug dog, the Court finds that the additional factors known to Trooper Peeples at that time were insufficient to support a reasonable suspicion of criminal activity. While an officer is entitled to draw inferences "from the facts in light of his experience, those inferences must be specific and reasonable in light of the circumstances." Terry ,
First, the Court finds that the lack of a rental tag on the key fob was not suspicious. Based on the totality of Trooper Peeples's interaction with Mr. Wrobel, there is simply no evidence to support Trooper Peeples's theory that Mr. Wrobel intended to hide the fact that he was driving a rental car, such that the absence of a tag on the key fob is significant. Instead, Mr. Wrobel openly admitted to Trooper Peeples that he was driving a rental and readily provided two separate documents indicating the car was a rental during their first interaction.
Second, the Court finds that the fact that Mr. Wrobel appeared to start the car did not objectively and reasonably indicate he was considering fleeing the scene. Trooper Peeples testified that it appeared Mr. Wrobel started the vehicle when he pressed the start/stop button because the engine turned over. The video evidence shows that Trooper Peeples was startled by something, and his reaction appears consistent with an initial suspicion that Mr. Wrobel was considering fleeing. Objectively, however, maintaining that suspicion beyond the initial moment would require discarding *1139the additional facts that were available to Trooper Peeples. Trooper Peeples testified that Mr. Wrobel made no attempt to put the car in drive. When asked why he turned the car on, Mr. Wrobel stated that he was turning it off, and exited the car without further delay. Trooper Peeples knew the car was a rental, and likely unfamiliar to Mr. Wrobel. The totality of the circumstances test must take into account "both factors weighing for and against reasonable suspicion." Manzo-Jurado ,
Third, the Court does not find Trooper Peeples's interpretation of Mr. Wrobel's reaction to being instructed to exit the vehicle to be reasonable. Neither Trooper Peeples nor the government adequately explain why it would be objectively suspicious for a person to be confused or nonplussed at being asked to exit their vehicle and submit to a search after being pulled over for a minor traffic violation; or to question why they were being asked to do so. Nor do they explain how such behavior makes it more likely that a person is involved in criminal activity. Thus, the Court does not find that Mr. Wrobel's reaction to being asked to exit the vehicle reasonably contributed to a suspicion that he was engaged in criminal behavior.
Finally, the Court does not find that evidence of Mr. Wrobel's continued nervousness throughout the interaction was sufficient to give rise to reasonable suspicion. Nervousness alone is insufficient to form the basis of reasonable suspicion. And even where it is a relevant factor among many, it carries little weight because "[e]ncounters with police officers are necessarily stressful for law-abiders and criminals alike." See United States v. Chavez-Valenzuela ,
The facts available to Trooper Peeples did not objectively give rise to a reasonable articulable suspicion that Mr. Wrobel was involved in criminal activity. Therefore, Trooper Peeples was not justified in prolonging the traffic stop after the wants and warrants check was returned. Rather, the factors relied on by Trooper Peeples are so broad as to sweep in "innocents as well as criminals," Rodriguez ,
*1140Because the Court will grant the Defendant's Motion on the grounds that Trooper Peeples lacked reasonable articulable suspicion to expand or prolong the stop, it necessarily follows that he lacked probable cause to search Mr. Wrobel's vehicle. The Court will therefore not address that related argument by the Government.
IT IS ORDERED:
1. Defendant's Motion to Suppress (Dkt. 18) is GRANTED .
The Supreme Court has held that less intrusive investigatory measures, such as questioning or conducting a dog sniff, do not expand the scope of a traffic stop, and thus are lawful so long as they don't prolong the stop. See Rodriguez ,
This may also explain why Mr. Wrobel left his driver's side window down. Even absent this explanation, however, the Court does not agree that Mr. Wrobel's initial failure to roll up his driver's side window, while also searching for and his paperwork and responding to questions from Trooper Peeples, reasonably indicated that he was attempting to cover up the smell of narcotics.
The Court also finds that Trooper Peeples's subjective analysis of the second interaction was less credible because it appeared to be colored by his admitted predetermination that Mr. Wrobel was engaged in criminal activity. This finding is supported by contradictory testimony given by Trooper Peeples during the hearing, and the Court's own objective analysis of these factors. Thus, the Court considers all the relevant facts available to Trooper Peeples, but assigns less weight to the inferences Trooper Peeples drew from these facts. See, e.g. , Terry ,
Reference
- Full Case Name
- United States v. Michael John WROBEL
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