State v. Jimenez
State v. Jimenez
Opinion
*468
When a police officer stops a vehicle for a traffic infraction, a seizure occurs under the Fourth Amendment to the United States Constitution while the officer addresses the reason for the stop.
Whren v. United States
,
Traffic stops must not be measurably extended beyond what is necessary to process the infraction prompting the stop, unless there is reasonable suspicion of or probable cause to believe there is other criminal activity, or consent.
Rodriguez v. United States
, 575 U.S. ----,
In the current case, we consider the State's argument that "travel plan" questioning never unconstitutionally extends a traffic stop. The State contends this is always part of the officer's mission. But it is not that simple. Circumstances matter.
To qualify as a task necessary to process the initial stop, information gathering must be limited to the infraction prompting the stop or those other matters directly related to traffic code enforcement, i.e., "ensuring that vehicles on the road are operated safely and responsibly."
Under the facts presented, we hold the officer's detailed questions into travel plans, which delayed processing the driver's license and outstanding warrants inquiries, measurably extended the stop's duration and were not justified by any reasonable suspicion of or probable cause to believe there was other criminal activity. The district court correctly suppressed the evidence resulting from this unconstitutional detention.
We reverse the Court of Appeals, which came to the opposite conclusion by adopting a broader approach to travel plan questioning. See
State v. Jimenez
, No. 116250,
FACTUAL AND PROCEDURAL BACKGROUND
The facts are undisputed. On January 11, 2016, Junction City Police Officer Nicholas Blake was on duty with his certified dog. He performed a traffic stop on a vehicle driven by Jessenia Jimenez after seeing her follow another vehicle too closely. Her black Ford Mustang had one passenger, Pablo Payeras. The officer had trouble communicating because they spoke little English, so he used hand gestures. They provided their driver's licenses and the automobile's rental agreement, which was in the glove box. Blake noticed the glove box contained money bundled in a rubber band. The rental documents showed the vehicle was picked up on January 9 in Las Vegas and due back January 14 at the same location. The officer asked Jimenez to accompany him to his patrol vehicle and said he likely would only issue a warning citation. She complied.
Once inside the police car, Blake used a smartphone application to question Jimenez because of the language barrier. He spoke into the phone, which translated what he said and vice versa. Blake asked where she was coming from, where she was heading, the trip's purpose, where she had slept recently, and with whom she had visited and for how long. She first answered she was coming from Utah and then changed to Colorado. She said her purpose was to visit her aunt. She said she spent one night with her aunt and slept on the road and stayed in a motel. Much of this back and forth had to be repeated due to background noise and imperfections in the translation technology.
About five minutes and 34 seconds passed between the vehicle stop and Blake calling the driver's license information into his dispatch. He also requested warrant checks and criminal history reports for Jimenez and Payeras. Shortly thereafter, Blake deployed his police dog to perform a sniff around the car. The dog alerted six minutes and 49 seconds after the stop began. Blake returned to Jimenez and asked whether there were drugs in the car; she responded no. He asked if she had any large amounts of currency; she answered $8,000 from her aunt to pay rent.
Blake and two other officers searched the automobile. They discovered no drugs, but found three currency bundles: the one in the glove box, another in Payeras' wallet, and the third where the convertible roof retracts into *470 the trunk. The cash totaled about $50,000. The State charged Jimenez with criminal transportation of drug proceeds and, in the alternative, criminal transfer of drug proceeds. See K.S.A. 2014 Supp. 21-5716(b), (c).
The district court suppression order
Before trial, Jimenez moved to suppress the traffic stop evidence, advancing three arguments: (1) there was no reasonable suspicion to pull the vehicle over; (2) Blake measurably extended the stop by asking travel plan questions before processing the driver's license and warrant information; and (3) any statements she gave violated
Miranda v. Arizona
,
At the motion hearing, the evidence showed that once Blake and Jimenez entered the patrol vehicle, he asked: (1) where Jimenez and Payeras were coming from; (2) which direction they were coming from; (3) where they were coming from "right now"; (4) "Where are you coming from?" again; (5) "You are coming from Colorado right now?"; (6) "Colorado is that way?"; (7) what the trip's purpose was; (8) how long the pair was in Colorado; (9) "Where did you sleep at?"; (10) whether the pair slept on the road; and (11) whether they stayed with Jimenez' aunt or at a hotel. It was not until this questioning concluded that Blake transmitted the driver's license information for the warrant and criminal history checks. Blake agreed that "none of these questions had anything to do [with] whether Ms. Jimenez was following too closely or not"; rather, he admitted "they were travel plans." He conceded her answers were not needed for him to write a ticket.
The State argued questions related to travel were always permissible and could not be counted in determining whether a traffic stop was lengthened. Jimenez contended four-and-a-half minutes of travel plan questioning impermissibly prolonged the stop by delaying running the occupants' information into dispatch. The court granted the motion to suppress.
The court ruled reasonable suspicion existed for the initial stop. That decision is not before us. Next, the court agreed with Jimenez that Blake measurably extended the stop with travel plan questioning unrelated to the traffic violation. It also found no articulable facts supported a reasonable suspicion that other criminal activity was occurring to justify the delay. The court deferred ruling on the
Miranda
issues because all evidence stemming from the searches was fruit of the poisonous tree. See
Wong Sun v. United States
,
"[T]he officer measurably extended the duration of the traffic stop to inquire into matters absolutely unrelated to the traffic infraction. Unrelated. And that were not based on reasonable suspicion that additional or other criminal activity had been ... committed or were being committed; thus, converting the detention into an illegal seizure.
"The officer spent five minutes questioning the defendant about unrelated matters before he ran her license information through dispatch. It is clear that he was not able to articulate any ... facts to support any criminal activity before ... he suspected as a basis for asking the questions. He ran his dog around the car, and the dog did alert on the car, but that was after he had already extended the stop.
"He also asked for a criminal history on the defendant and the passenger which, again, had nothing to do with the initial stop, nor did he give any reason why he needed to do the same. ...
"The officer could not state any facts that would support his belief or reasonable suspicion that there was criminal activity going on beyond the traffic infraction that would allow him to extend the duration of the stop in any way. It appears from the evidence that he was attempting to gain facts with his questioning to be able to search the car, and he was on a fishing expedition."
The State timely filed this interlocutory appeal. See K.S.A. 2017 Supp. 22-3603 ; see
*471
also
State v. Newman
,
The Court of Appeals decision
A Court of Appeals panel reversed. It acknowledged the Fourth Amendment prohibits general criminal investigations unrelated to the initial traffic stop if they measurably extend it. But the panel held no constitutional violation occurred because travel plan questions were always within a stop's scope.
Jimenez
,
"[T]he minimal questioning about Jimenez' travel plans are the types of questions which are permitted to be asked. The questions concerned where Jimenez was coming from, where she was going, and where she was staying during her trip. These types of questions are recognized in Kansas as being within the purpose of a traffic stop ." (Emphasis added.) Jimenez ,2017 WL 758139 , at *4.
The panel then addressed sua sponte whether Blake unlawfully extended the stop by requesting criminal records. It did so even though it was not a determinative factor for the district court's ruling. The panel held the record check on Jimenez was within the stop's scope, so no Fourth Amendment violation occurred from that. It also noted the check on Payeras happened simultaneously with the check on Jimenez, so it did not measurably prolong the stop.
Jimenez
,
Jimenez petitioned this court to review the panel's decision, which we granted. Jurisdiction is proper. K.S.A. 20-3018(b) (petition for review of Court of Appeals' decision); K.S.A. 60-2101(b) (providing Supreme Court jurisdiction over cases subject to review under K.S.A. 20-3018 ).
ANALYSIS
Before addressing the officer's travel plan inquiries, it is best to describe: (1) Fourth Amendment jurisprudence relating to traffic stops, particularly Rodriguez and its progeny, which are cases this court has not had an opportunity to more fully explore; and (2) travel plan questioning's place within this jurisprudence. Jimenez argues Rodriguez substantially impacts our caselaw as well as her case, while the State contends Rodriguez is not on point. We disagree with the State, as will be explained. But before doing so, it is important to emphasize what this case is not about.
The State fails to claim any other matter made this traffic stop reasonable. There is no contention some inconsistency with the vehicle's rental agreement justified additional questioning, nor does the State argue the bundled cash seen in the glove box provided reasonable suspicion to ask questions to investigate possible criminal activity. In fact, Blake testified, "At the very moment of viewing [the cash], it was a mere observation," and he "had no reason to believe that the money had any illegal source." And the State does not claim Jimenez' responses to the travel plan questions warranted follow up based on the required reasonable suspicion or probable cause. Finally, it does not assert Jimenez consented to an extended encounter with Blake. We are not suggesting any legitimacy to such claims under these facts, just pointing out they were not made.
Our focus is limited to whether the four-and-a-half minutes Blake questioned Jimenez about her travel plans rendered the stop's duration unreasonable. The issue concerns travel plan inquiries as a generic category under the Fourth Amendment and whether such questioning is "within the purpose of a traffic stop," as the panel held.
Jimenez
,
Standard of review
Faced with a motion to suppress evidence, the State bears the burden of proving the search and seizure were lawful. K.S.A. 22-3216(2) ; see also
State v. Gray
,
*472 " 'an appellate court reviews the factual underpinnings of the decision under a substantial competent evidence standard. The ultimate legal conclusion drawn from those facts is reviewed de novo. ... Substantial evidence refers to evidence that a reasonable person could accept as being adequate to support a conclusion. ... This court does not reweigh the evidence, assess the credibility of the witnesses, or resolve evidentiary conflicts. [Citations omitted.]' State v. Mattox ,305 Kan. 1015 , 1035,390 P.3d 514 (2017)." State v. Brown ,306 Kan. 1145 , 1151,401 P.3d 611 (2017).
The facts are undisputed, so the appellate analysis focuses on the legal conclusions to be drawn from those facts.
Traffic stop jurisprudence
A routine traffic stop is a seizure under the Fourth Amendment.
State v. DeMarco
,
" '[t]he scope and duration of a seizure must be strictly tied to and justified by the circumstances which rendered its initiation proper. Terry v. Ohio ,392 U.S. 1 ,88 S.Ct. 1868 ,20 L.Ed. 2d 889 (1968).' An investigative detention must last no longer than is necessary to effectuate the purpose of the stop . Florida v. Royer ,460 U.S. 491 , 500,103 S.Ct. 1319 ,75 L.Ed. 2d 229 (1983)." (Emphasis added.) DeMarco ,263 Kan. at 733-34 ,952 P.2d 1276 (quoting State v. Damm ,246 Kan. 220 , 224,787 P.2d 1185 [1990] ).
A traffic stop is more analogous to an investigative detention than a custodial arrest, so courts treat the traffic stop, whether based on reasonable suspicion or probable cause, under the longstanding limitations from
Terry
for nonconsensual police-citizen contacts.
Rodriguez
,
More recently, the Court built on
Caballes
by highlighting temporal boundaries for traffic stops that are not based on a rule of thumb about the minutes required for a routine stop, but on the circumstances tied to the officer's "mission" when conducting the stop. In
Rodriguez
, the Court described it this way: "[T]he tolerable duration of police inquiries in the traffic-stop context is determined by the seizure's 'mission'-to address the traffic violation that warranted the stop ... and attend to related safety concerns."
Rodriguez
,
"Beyond determining whether to issue a traffic ticket, an officer's mission includes 'ordinary inquiries incident to [the traffic] stop.' [Citation omitted.] Typically such inquiries involve checking the driver's license, determining whether there are outstanding warrants against the driver, and inspecting the automobile's registration and proof of insurance ." ( Emphasis added.)135 S.Ct. at 1615 .
This means that during a stop an officer may not conduct nonconsensual inquiries unrelated to the mission in a way that prolongs the stop-without the reasonable suspicion ordinarily demanded to justify detaining an individual. Put yet another way,
"A lawful roadside stop begins when a vehicle is pulled over for investigation of a traffic violation. The temporary seizure of driver and passengers ordinarily continues, and remains reasonable, for the duration of the stop. ... An officer's inquiries into matters unrelated to the justification for the traffic stop, this Court has made plain, *473 do not convert the encounter into something other than a lawful seizure, so long as those inquiries do not measurably extend the duration of the stop ." (Emphasis added.) Arizona v. Johnson ,555 U.S. 323 , 333,129 S.Ct. 781 ,172 L.Ed. 2d 694 (2009).
See also
United States v. Sharpe
,
But these limitations do not mean police perform their duties with a blind eye. This court has stated,
"An officer is not required to disregard information which may lead him or her to suspect independent criminal activity during a traffic stop. When 'the responses of the detainee and the circumstances give rise to suspicions unrelated to the traffic offense, an officer may broaden his inquiry and satisfy those suspicions .' " (Emphasis added.) Morlock ,289 Kan. at 996 ,218 P.3d 801 .
Reasonable suspicion is " 'a particularized and objective basis' for suspecting the person stopped" is engaged in criminal activity.
DeMarco
,
As with any
Terry
stop scenario, there is obvious tension between the constitutional imperative to diligently process a traffic infraction and the law enforcement opportunity to perform general criminal investigation.
Rodriguez
recognizes this by outlining the permissible scope and duration of police-citizen contact within the traffic stop context. The Court expressly confines the stop's mission to the typical traffic-related inquiries: (1) checking the driver's license; (2) determining whether there are outstanding warrants against the driver; and (3) inspecting the automobile's registration and proof of insurance.
As LaFave comments, the "full significance" of Rodriguez is "best appreciated by taking into account various alternative approaches rejected by the ... majority." 4 LaFave, Search & Seizure § 9.3(b) (5th ed. 2017). Those are (1) the Rodriguez dissenters' argument that Terry 's temporal limitations did not apply because the stop in that case was based on probable cause sufficient to support a custodial arrest; (2) arguments that dog sniffs within a short time after a traffic stop's completion are constitutionally permissible if they are de minimis intrusions; and (3) a rule-of-thumb approach under which the time taken during the stop is compared to what would be " 'ordinary' " for a similar traffic stop and analyzed on that basis. 4 Search & Seizure § 9.3(b).
Still, as one
Rodriguez
dissenter noted, the majority's mission parameters are vulnerable to manipulation depending on how the officer sequences the permitted mission-related tasks.
This suggests officers engaging in traffic stops in Rodriguez ' wake must be attentive to how and when they conduct what may be viewed as unrelated inquiries. They must be especially careful to ensure nonconsensual inquiries occur concurrently with the tasks permitted for such stops so they will not measurably extend the time it would otherwise take. We would more simply describe this today as multitasking. If not, the unrelated inquiries must be supported by reasonable suspicion, probable cause, or consent. Without this, the detention becomes unconstitutional.
This leads us to consider the questioning posed to Jimenez that prompted the district court to suppress the evidence. More particularly, we discuss the State's argument that unrestrained travel plan questioning is routine and always within a traffic stop's mission. As explained, we do not accept that broad perspective.
Travel plan questioning
The State claims the district court's reliance on Rodriguez was misplaced. The State asserts Rodriguez is limited to "whether officers had to have a reasonable and articulable suspicion to detain a vehicle after the conclusion of a traffic stop, in order to call for a drug canine." The State heavily relies instead on this court's Morlock decision, as well as other pre- Rodriguez federal circuit court cases. The State's contentions are critically flawed.
Starting with
Rodriguez
, as explained, a plain reading shows the Court's intention to clarify that any traffic stop extension without reasonable suspicion or consent-by even a
de minimis
length of time-amounts to an unreasonable seizure when the delay is based on anything but the articulated components of the stop's mission.
Rodriguez
,
The State, of course, is correct that the precise dispute in
Rodriguez
was "whether the Fourth Amendment tolerates a dog sniff conducted after completion of a traffic stop."
The
Rodriguez
court proclaimed a traffic stop's purpose is addressing the infraction and forbade the stop's duration be any longer than necessary to effectuate that purpose.
Rodriguez
,
As noted above, the State's logic depends on this court's
Morlock
decision, which the panel cited as well. The State touts
Morlock
as giving investigating officers free rein to ask travel-related questions without regard to their scope or duration. But the State ignores the facts relied on by the
Morlock
court and consequently misinterprets it. In
Morlock
, two occupants were in a vehicle stopped for twice failing to signal while changing lanes. The officer separated the occupants and individually asked about their
*475
travel plans. One issue in this pre-
Rodriguez
appeal was whether the officer exceeded the stop's constitutionally permissible boundaries by asking both occupants travel questions.
The
Morlock
court noted the officer asked the driver several travel plan questions; only two were in controversy before the court: how long he had been in Phoenix and why he was there. In approving these two questions, the
Morlock
court emphasized the officer's authority to engage in "
limited questioning
."
The three other questions in controversy were asked of the passenger, who rented the vehicle. While the passenger was locating the rental agreement, the officer asked him: (1) where he was going or coming from, (2) why he had gone to Phoenix, and (3) why after flying there he was driving back in a rented van. The court held these questions could not have measurably extended the stop because they were concurrent with inspecting the rental documents. The court then determined any remaining questions were justified by a reasonable suspicion of other criminal activity.
To be fair, some language in
Morlock
is susceptible to a larger view, but the State overgeneralizes to claim it broadly authorizes an officer "to inquire about travel plans during a routine traffic stop, without unconstitutionally extending the length of the traffic stop." More careful attention to the
Morlock
analysis shows it tracks the reasoning now requiring a more limited scope. See
Rodriguez
,
Similarly, the State suggests three post-
Rodriguez
decisions from the Tenth Circuit support its broader proposition that travel plan questions should not be counted when deciding whether a traffic stop is measurably extended. The first,
United States v. Cone
,
To be clear, we are not suggesting
Rodriguez
and its progeny instruct that all travel plan questioning will be outside an officer's traffic stop mission. The circumstances will determine that. Such inquiries could be within a particular stop's mission if it were shown they "serve the same objective as enforcement of the traffic code: ensuring that vehicles on the road are operated safely and responsibly."
Rodriguez
,
These scenarios highlight why circumstances dictate how a court views travel plan questioning. And courts must guard against what might be called "mission creep" by rejecting poorly justified excuses for law enforcement actions that temporally extend traffic stop encounters but lack "the same close connection to roadway safety" as those tasks enumerated in
Rodriguez
.
That said,
Rodriguez
makes clear questioning into matters unrelated to the initial infraction-like those about travel plans-is permissible so long as it does not extend the stop's duration.
We examine next how this particular traffic stop occurred and whether the officer impermissibly extended its length. We conclude he did.
Rodriguez' application
Blake asked Jimenez when both were in the patrol car the questions described above. At the hearing, Blake admitted his questions concerned "merely travel plans" that had nothing to do with the traffic violation he observed, and he acknowledged her answers were unnecessary for him to write a ticket. Above all, it is obvious Blake conducted his questioning before he called in the driver's licenses and outstanding warrants checks. Under these undisputed facts, we agree with the district court the questioning was unrelated to the infraction or the traffic stop's mission and measurably extended the stop.
When "a traffic stop is extended in time beyond the period that the officers are completing tasks related to the traffic infractions, the officers must either obtain consent from the individuals detained or identify reasonable suspicion of criminal activity to support the extension of the stop."
United States v. Hill
,
"The 'acceptable length of a routine traffic stop,' however, 'cannot be stated with mathematical precision.' [Citation omitted.] In evaluating the reasonableness of a stop, we consider 'what the police in fact do,' and whether the officers acted reasonably under the totality of the circumstances presented to them. [Citations omitted.] Thus, an officer need not employ 'the least intrusive means conceivable' in executing a stop, but he still must be reasonably diligent and must use 'the least intrusive means reasonably available.' [Citations omitted.]
"An officer may engage in certain safety measures during a traffic stop, but generally must focus his attention on the initial basis for the stop . [Citation omitted.] An officer may engage in 'ordinary inquiries *477 incident to' the traffic stop, such as inspecting a driver's identification and license to operate a vehicle, verifying the registration of a vehicle and existing insurance coverage, and determining whether the driver is subject to outstanding warrants. [Citation omitted.]" (Emphases added.)852 F.3d at 381-82 .
Instead of pursuing his mission-inspecting the driver's license, verifying the registration and insurance, and determining if Jimenez was subject to outstanding warrants-Blake chose a different, unrelated investigation into Jimenez' recent activities, but "not to gain some insight into the traffic infraction providing the legal basis for the stop." 4 Search and Seizure § 9.3(d). This prolonged the stop because Blake was doing nothing in the interim to process the traffic violation. And he repeatedly testified he did not suspect criminal activity, so there was no colorable, independent justification for the portions of the detention attributable solely to the unrelated inquiries. As a result, this extended detention violated the Fourth Amendment. The district court correctly ordered suppression.
Finally, we address what appears as an aside in the panel's decision that notes: "[T]he entire stop from beginning until the dog alerted, was 6 minutes and 49 seconds.
This was not an unreasonable amount of time
." (Emphasis added.)
Jimenez
,
Granted,
Rodriguez
contains the statement, "Authority for the seizure thus ends when tasks tied to the traffic infraction are-
or reasonably should have been
-completed." ( Emphasis added.)
We reverse the panel's holdings and affirm the district court's decision to suppress the evidence at issue. We remand the case to the district court for further proceedings.
Reference
- Full Case Name
- STATE of Kansas, Appellant, v. Jessenia JIMENEZ, Appellee.
- Cited By
- 33 cases
- Status
- Published