State v. Miller
State v. Miller
Opinion
*297 Police ordered Juan Antonia Miller (defendant) out of a vehicle during a traffic stop and searched him, finding a small bag of cocaine in his pocket. The cocaine, defendant argues, was the fruit of an unconstitutional seizure and the trial court committed plain error by failing to exclude it from evidence at trial. Upon plain error review, we hold that (1) the officer unlawfully extended the traffic stop; (2) assuming the seizure was lawful, defendant's consent was not valid; and (3) admitting the evidence at trial prejudiced defendant and seriously affects the integrity and public reputation of judicial proceedings. Defendant is entitled to a new trial.
*298 I. Background
On the evening of 18 March 2014, Officer H.B. Harris was patrolling "problem areas" with the Vice and Tactical Narcotics Team of the Greensboro Police Department. He observed a vehicle turn left from Darden Road onto Holden Road and position itself in front of his unmarked patrol car. Officer Harris followed the car to Interstate 85 and decided to run its license plate through the DMV database. The search indicated that a "hold" had been placed on the tag because the owner had not paid the insurance premiums.
Officer Harris, who was wearing a body-mounted camera, pulled the vehicle over and approached the passenger-side window. The owner of the vehicle, Derick Sutton, was in the passenger's seat; defendant was in the driver's seat. Officer Harris asked defendant for his driver's license before informing the two occupants that he had stopped them for speeding and a potential tag violation. When he learned that Sutton was the registered owner of the vehicle, Officer Harris inquired about the status of his insurance. Sutton handed Officer Harris an insurance card to show that he had recently purchased car insurance. At Officer Harris's request, Sutton also produced his driver's license and told the officer that they were "coming from a friend's house on Randleman Road." Officer Harris testified that this "piqued his interest" because he "knew ... they did not get on the interstate from Randleman Road, and Holden Road is a little distance away from Randleman Road." He then ordered Sutton to step out of the vehicle.
As Sutton complied, Officer Harris asked Sutton if he had any weapons or drugs on him. Sutton said he did not, and was then motioned to stand with another officer who had arrived on the scene. Officer Harris proceeded toward the driver's side and asked defendant to step out of the vehicle. As defendant complied, Officer Harris asked defendant if he had any weapons or drugs on him. Defendant also said he did not. According to Officer Harris's testimony, he then asked defendant, "Do you mind if I check?" to which defendant responded, "No," and placed his hands on the trunk of the vehicle. Officer Harris searched defendant and found *376 a plastic corner-bag of cocaine in his left pocket.
The footage from the body camera was published to the jury at trial and, at the jury's request, once more during deliberations. Defendant was found guilty of possession of cocaine and sentenced to an active term of six to seventeen months of imprisonment. He gave notice of appeal in open court.
*299 II. Discussion
Defendant argues on appeal that Officer Harris unlawfully extended the traffic stop and evidence of the cocaine should have been excluded as the fruit of an unconstitutional seizure. Defendant filed no motion to suppress and raised no objection to the evidence at trial but contends on appeal that the admission of the cocaine and Officer Harris's testimony thereof amounted to plain error. Alternatively, defendant argues that he received ineffective assistance of counsel based on his counsel's failure to file a motion to suppress.
The State argues in response that plain error review is not appropriate because the issue is constitutional, rather than evidentiary, and defendant waived any challenge to the lawfulness of the seizure.
See
State v. Lawrence
,
While we recognize the merit to the State's position,
1
this Court has applied plain error review to similar evidentiary challenges involving unpreserved constitutional claims.
See, e.g.
,
State v. Jones
,
Plain error arises when the error is " 'so basic, so prejudicial, so lacking in its elements that justice cannot have been done.' "
State v. Odom
,
For error to constitute plain error, a defendant must demonstrate that a fundamental error occurred at trial. To show that an error was fundamental, a defendant must establish prejudice-that, after examination of the entire record, the error had a probable impact on the jury's finding that the defendant was guilty. Moreover, because plain error is to be applied cautiously and only in the exceptional case, the error will often be one that seriously affects the fairness, integrity or public reputation of judicial proceedings.
Lawrence , 365 N.C. at 518, 723 S.E.2d at 334 (alterations, citations, and internal quotation marks omitted).
The Fourth Amendment protects "against unreasonable searches and seizures." U.S. Const. amend IV. "A traffic stop is a seizure 'even though the purpose of the
*377
stop is limited and the resulting detention quite brief.' "
State v. Styles
,
The Supreme Court explained in
Rodriguez
that "the 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
,
An officer's mission may include " 'ordinary inquiries incident to the traffic stop.' "
Before
Rodriguez
was decided, we held in
State v. Jackson
,
[I asked Roth] if there was anything illegal in the vehicle. He advised no. I asked if there was, specific, like, weapons, marijuana, any kind of drugs. He said no. I asked him if I could search the vehicle. [He] replied-first he said "the vehicle?" as in a question. And then he replied, "You can search the vehicle if you want to."
Id.
at 238-39,
*302
We recognize that, in contrast to
Jackson
, Officer Harris may not have completed the two-part mission of the stop. But an officer cannot justify an extended detention on his or her own artful inaction. As
*378
Rodriguez
makes clear, it is not whether the challenged police conduct "occurs before or after the officer issues a ticket" but whether it "prolongs-
i.e.
, adds time to-the stop."
Rodriguez
,
After reviewing the footage of the traffic stop, it is wholly evident that Officer Harris was more concerned with discovering contraband than issuing traffic tickets. He readily accepted Sutton's insurance card as proof that Sutton had been paying the premiums, and he even testified at trial that he had no way to determine if the insurance card was invalid. Thereafter, Officer Harris took no action to issue a citation, to address the speeding violation, or to otherwise indicate a diligent investigation into the reasons for the traffic stop. Instead, he ordered Sutton and defendant out of the vehicle and began an investigation into the presence of weapons and drugs.
Such a detour, albeit brief, can hardly be seen as a safety precaution to facilitate the mission of the stop as much as "a measure aimed at detecting evidence of ordinary criminal wrongdoing."
See
Rodriguez
,
To extend a lawful traffic stop beyond its original purpose, "there must be grounds which provide the detaining officer with additional reasonable and articulable suspicion or the encounter must have become consensual."
Jackson
,
The State does not allege-nor does the evidence show-that the encounter had become consensual. A consensual encounter is one in which "a reasonable person would feel free to disregard the police and go about his business."
Florida v. Bostick
,
The State argues instead that Officer Harris had reasonable suspicion to extend the stop because he observed the vehicle while patrolling "problem areas," defendant gave "incongruent" answers to his coming and going questions, defendant "raised his hands in the air" as he stepped out of the vehicle, and defendant was driving the vehicle instead of Sutton, the registered owner. "An officer has
*379
reasonable suspicion if a 'reasonable, cautious officer, guided by his experience and training,' would believe that criminal activity is afoot 'based on specific and articulable facts, as well as the rational inferences from those facts.' "
Williams
, 366 N.C. at 116,
Officer Harris's observation of the vehicle in a high-crime area is not sufficient, either by itself or in conjunction with the other "factors" identified by the State, to establish reasonable suspicion of criminal activity.
See
Brown v. Texas
,
Even assuming that the traffic stop was lawful up to the point when defendant consented to the search, as told by Officer Harris, we cannot conclude that his consent was valid. Officer Harris testified that defendant verbally agreed to the search and placed his hands on the trunk of the vehicle, but the footage from the body camera reveals a different version of the interaction. Officer Harris had defendant turned around, facing the rear of the vehicle with his arms and legs spread
before he asked for defendant's consent
. This was textbook coercion. If defendant did respond to Officer Harris's request-and it is still not apparent that he did-it was certainly not a free and intelligent waiver of his constitutional rights.
See
State v. Vestal
,
III. Conclusion
The egregiousness of the violations in this case, apparent from the body camera footage, demands the conclusion that a fundamental error occurred at trial which both prejudiced defendant and seriously affects the integrity and public reputation of judicial proceedings. Because defendant is entitled to a new trial, we need not address his claim for ineffective assistance of counsel.
NEW TRIAL.
Judges STEPHENS and ZACHARY concurs.
We also note that footage from an officer's body camera may not reveal the totality of the circumstances giving rise to a traffic stop. In some cases, however, it may be the best evidence of the interaction between an officer and a defendant. Because the footage was included in the record on appeal, it helps to alleviate concerns of reviewing an undeveloped record.
Reference
- Full Case Name
- STATE of North Carolina v. Juan Antonia MILLER, Defendant.
- Cited By
- 5 cases
- Status
- Published