State v. Chase
State v. Chase
Opinion
[¶ 1.] Nathan Chase was convicted of second-degree murder. He appeals the circuit court's denial of his motion to suppress evidence obtained as a result of an investigatory stop. We affirm.
Facts and Procedural History
[¶ 2.] On January 23, 2017, at about 7:50 p.m., law enforcement responded to a call from a Rapid City motel regarding an assault. Officers discovered the body of Jeremy Little in the entrance to one of the motel rooms. He had been fatally stabbed in the face and neck, and there was substantial blood at the scene. Captain Tony Harrison of the Pennington County Sheriff's Office reviewed security footage of the hallway outside the room in which Little was found. He observed six people entering and leaving the room that night. Five of the individuals were identified and excluded as suspects. The sixth, an unidentified man, became the murder suspect. From the footage, Harrison observed that the suspect was a male of average weight and height wearing a black stocking cap, dark pants, dark shoes, and a tan Carhartt jacket over a black hooded sweatshirt.
[¶ 3.] After completing the initial investigation around 2:00 a.m., Harrison returned to the motel to search nearby dumpsters *209 for the murder weapon. At about 3:15 a.m., he observed a man walking on the sidewalk about two blocks from the motel. Harrison believed the man resembled the suspect from the security footage based on height and weight. Harrison also noticed he was wearing a tan Carhartt jacket similar to the coat worn by the suspect. Yet, in contrast, the pedestrian wore his jacket over a white hooded sweatshirt rather than a black one. Additionally, his shoes were white rather than dark, and he had on different colored pants than those worn by the suspect in the security footage. It was a cold evening and no one else was moving on the streets.
[¶ 4.] Based on the man's similar appearance-primarily his build and the Carhartt jacket-and his proximity to the crime scene, Harrison decided to investigate. He activated his emergency lights and stopped his unmarked vehicle next to the man, later identified as Nathan Chase. Harrison exited the car, introduced himself as a law enforcement officer, and informed Chase that he wanted to ask about an "event" at the motel. Chase agreed to a search of his person, and Harrison found a bloody knife in Chase's pocket. Chase was taken into custody and questioned. The blood on the knife was later matched to Little's DNA.
[¶ 5.] Chase was indicted for second-degree murder. Prior to trial, he moved to suppress the evidence obtained as a result of the stop. The circuit court denied the motion, ruling that Harrison had reasonable suspicion to initiate the investigatory stop. A jury found Chase guilty. He appeals the circuit court's decision. He does not challenge the circuit court's findings of fact. He only challenges the court's legal conclusion that Harrison had reasonable suspicion for the stop.
Decision
[¶ 6.] "The Fourth Amendment of the United States Constitution and Article VI, § 11 of the South Dakota Constitution protect individuals from unreasonable searches and seizures."
1
State v. Walter
,
*210
[¶ 7.] Chase argues Harrison only had a "sixth sense" about Chase being the perpetrator. He contends Harrison's testimony at the suppression hearing confirms the stop was based on a mere "hunch." However, Harrison's testimony shows he relied on his twenty years of experience as a law enforcement officer in determining whether to stop an individual based upon all the information known to him at the time. It is well settled that law enforcement "officers [may] draw on their own experience and specialized training to make inferences from and deductions about the cumulative information available to them that 'might well elude an untrained person.' "
State v. Mohr
,
[¶ 8.] Moreover, "[a]lthough a mere 'hunch' does not create reasonable suspicion, the level of suspicion the standard requires is 'considerably less than proof of wrongdoing by a preponderance of the evidence,' and 'obviously less' than is necessary for probable cause."
Navarette v. California
,
[¶ 9.] Chase next argues that even if the stop was not based on a mere hunch, Harrison's articulated facts did not support the quantum of suspicion necessary to initiate an investigatory stop. He contends Harrison's information was stale because over seven hours had elapsed between the crime and the stop. He also contends the description of the suspected perpetrator was too general because the security footage only disclosed an individual of average height wearing a Carhartt-style jacket. Further, he claims that even if it was a good description, Chase and his clothing did not match the suspect exactly. Chase also identifies non-incriminating inferences or explanations for the incriminating facts and circumstances Harrison relied upon for the investigative stop.
[¶ 10.] We acknowledge Chase's point that seven and a half hours had elapsed between the crime and the stop. We also recognize that Chase's clothes were not identical to those worn by the unidentified male in the security footage and Harrison could not observe more specific physical attributes from the security footage.
2
But these facts alone do not foreclose reasonable suspicion. Rather, the determination whether reasonable suspicion existed must consider all facts available to Harrison at the time of the stop, viewed under the totality of the circumstances.
See
Stanley
,
[¶ 11.] "Because the reasonable suspicion determination requires this Court to 'look at the "totality of the circumstances" of each case to see whether the detaining officer has a "particularized and objective basis" for suspecting legal wrongdoing,' a review of the salient facts known to [the officer] is necessary."
*211
State v. Johnson
,
[¶ 12.] Ultimately, Chase's arguments require isolating the facts from the totality of the circumstances. However, Chase's type of "divide-and-conquer" analysis is not utilized in assessing reasonable suspicion.
Haar
,
[¶ 13.] Indeed, an unapprehended murder suspect poses a serious threat to public safety, and here, the circuit court found that law enforcement had no leads at the time of the stop. When a crime involves a threat to public safety, law enforcement's interest in detaining the suspect as quickly as possible may "outweigh the individual's interest to be free of a stop and detention that is no more extensive than permissible in the investigation" of the crime.
Hensley
,
[¶ 14.] Affirmed.
[¶ 15.] GILBERTSON, Chief Justice, KERN, JENSEN, and SALTER, Justices, concur.
The State does not dispute that the stop was a "seizure" within the meaning of the Fourth Amendment. See U.S. Const. amend IV.
Chase claims that Captain Harrison's observation of a suspect's physical attributes via a security footage should be scrutinized in the same way as a physical description provided by an informant.
See, e.g.
,
United States v. Brown
,
Reference
- Full Case Name
- STATE of South Dakota, Plaintiff and Appellee, v. Nathan D. CHASE, Defendant and Appellant.
- Cited By
- 3 cases
- Status
- Published