Cody v. State
2010 ND 238
| N.D. | 2010Background
- Franzen stopped for speeding (82 in 60); officer observed nervousness, air fresheners, odor of masking agent, and a possible concealment under front seat.
- Zimmerman remained in Franzen’s vehicle while Franzen was detained and questioned; officer accompanied Franzen to patrol vehicle.
- Franzen admitted carrying marijuana and paraphernalia after the officer asked about a canine alert; officer arrested Franzen and searched the vehicle.
- Franzen was charged with possession with intent to deliver marijuana (felony) and possession of drug paraphernalia (misdemeanor).
- Franzen moved to suppress the evidence, arguing the continued detention after the citation violated Fourth Amendment rights; the district court denied suppression; Franzen conditionally pled guilty reserved right to appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether continued detention after citation was a Fourth Amendment seizure | Franzen | Franzen | Yes, continued detention was a seizure after the stop’s purpose completed |
| Whether there was reasonable suspicion to justify continued detention | State | Franzen | Yes, totality of circumstances supported reasonable suspicion |
| What factors contributed to reasonable suspicion (odor, indicators, nervousness) | State | Franzen | Masking odor, air fresheners, nervousness supported suspicion |
| Effect of inconsistencies in stories on suspicion | State | Franzen | Inconsistencies did not negate reasonable suspicion given other factors |
| Whether district court’s suppression denial was proper | State | Franzen | Affirmed; suppression denied |
Key Cases Cited
- State v. Fields, 662 N.W.2d 242 (N.D. 2003) (reasonable suspicion for continued detention; masking odor; nervous behavior)
- State v. Guscette, 678 N.W.2d 126 (N.D. 2004) (seizure analysis after traffic stop; duration tethered to suspicion)
- Jones, 269 F.3d 919 (8th Cir. 2001) (activities during a stop; permissible investigative steps)
- Mendenhall, 446 U.S. 544 (U.S. 1980) (concept of seizure; free to leave standard)
- Franzen v. United States (implied by citation), 601 F.3d 861 (8th Cir. 2010) (reasonable suspicion indicators; masking odor)
- United States v. Foley, 206 F.3d 802 (8th Cir. 2000) (masking odor as indicator of drug activity)
- United States v. Lopez-Mendoza, 601 F.3d 861 (8th Cir. 2010) (nervous behavior as factor in suspicion)
- United States v. Villa-Chaparro, 115 F.3d 797 (10th Cir. 1997) (air freshener plus other signs support suspicion)
- Ledesma-Dominguez, 53 F.3d 1159 (10th Cir. 1995) (absence of ID, nervousness, masking odor create suspicion)
- Bloomfield v. United States, 40 F.3d 910 (8th Cir. 1994) (nervousness and masking odor support seizure)
- United States v. Mendenhall, 446 U.S. 544 (US Supreme Court 1980) (definition of seizure)