Deporres R. Thompson v. Commonwealth of Kentucky
2020 CA 000845
| Ky. Ct. App. | Jul 8, 2021Background
- In the early morning of June 23, 2019, Officer Samuel Knopp observed a pickup repeatedly start-and-stop on Fairgrounds Road; the truck pulled into a gravel lot and Knopp pulled in behind it and activated emergency lights.
- As Knopp approached the vehicle he smelled a strong odor of marijuana and observed the driver, Deporres Thompson, with red, bloodshot eyes and sluggish speech; Thompson told the officer he was paralyzed from the stomach down.
- Officer Knopp found prescription bottles with white powder (one field-tested positive for cocaine), a zipper bag with a large amount of cash, and, while placing Thompson into the cruiser after medical clearance, two baggies fell out containing multiple kinds of suspected drugs and pills.
- Thompson moved to suppress the vehicle evidence, arguing the activation of lights and Knopp’s stop constituted a seizure without reasonable, articulable suspicion; the trial court denied suppression but relied in part on the community-caretaking doctrine.
- Thompson entered a conditional guilty plea reserving the right to appeal the suppression ruling and was convicted of first-degree possession of methamphetamine and cocaine and tampering with physical evidence; he appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument (Thompson) | Defendant's Argument (Commonwealth/Officer) | Held |
|---|---|---|---|
| Whether activation of blue lights constituted a seizure requiring reasonable suspicion at that moment | Activation was a show of authority that effected a stop; no reasonable suspicion existed when lights were turned on | Activation alone did not restrain liberty because Thompson had not yielded; the officer smelled marijuana upon approach | Activation of lights was not itself a seizure; officer smelled marijuana while approaching, which provided basis to continue the encounter |
| Whether there was reasonable, articulable suspicion to initiate an investigatory stop before smelling marijuana | No traffic violation or other articulable facts supported reasonable suspicion when officer pulled in behind the truck | Officer observed repeated starting/stopping, unusual driving pattern, and safety concerns; totality of circumstances justified investigation | Court deferred to trial findings and held totality supported officer’s actions; smell of marijuana confirmed criminal activity once officer approached |
| Whether the community-caretaking doctrine justified the stop | Community-caretaking cannot justify a stop absent specific, articulable facts showing need for assistance | Officer reasonably believed driver might be impaired, lost, or in medical distress; caretaking function justified approaching/assessing driver | Court held community-caretaking applied given officer’s concern about impairment/health and safety and upheld the denial of suppression |
| Whether the subsequent observations (smell, prescription bottle residue, baggies) legitimized seizure/search and admission of evidence | Evidence was product of an unlawful stop and must be suppressed | Smell of marijuana and observations provided probable cause; later discoveries and items falling from clothing provided further basis for seizure | Court held smell of marijuana and observable facts supplied probable cause to detain and seize; evidence admissible |
Key Cases Cited
- Poe v. Commonwealth, 169 S.W.3d 54 (Ky. App. 2005) (community-caretaking doctrine applied and analyzed in traffic-stop context)
- Strange v. Commonwealth, 269 S.W.3d 847 (Ky. 2008) (officer’s show of authority and when a seizure occurs)
- Taylor v. Commonwealth, 987 S.W.2d 302 (Ky. 1998) (reasonable articulable suspicion required to justify an investigatory stop)
- Cady v. Dombrowski, 413 U.S. 433 (U.S. 1973) (articulation of police community-caretaking function regarding vehicles)
- California v. Hodari D., 499 U.S. 621 (U.S. 1991) (seizure occurs when a subject yields or is physically subdued)
- Alabama v. White, 496 U.S. 325 (U.S. 1990) (totality of the circumstances test for reasonable suspicion)
- Mayfield v. Commonwealth, 590 S.W.3d 300 (Ky. App. 2019) (officer smelling marijuana can supply probable cause to believe a misdemeanor is being committed)
- Cooper v. Commonwealth, 577 S.W.2d 34 (Ky. App. 1979) (smell of marijuana provides probable cause)