Miller v. Chenoweth
229 W. Va. 114
| W. Va. | 2012Background
- Chenoweth stopped after his vehicle appeared to protrude into the roadway, not because of Trooper Pauley's initial stop.
- D.U.I. Information Sheet states the vehicle was stopped along the roadway and protruding, justifying investigation.
- Trooper Pauley observed odor of alcohol, glassy/bloodshot eyes, slow speech, unsteadiness exiting; field sobriety tests attempted; BAC readings .144% and .155% obtained.
- Commissioner Miller revoked Chenoweth's driving privilege; revocation date set; Chenoweth requested an administrative hearing.
- Hearing examiner found evidence favored Pauley; circuit court later reversed, ruling the stop illegal and applying exclusionary rule to DMV matter.
- State Supreme Court of Appeals reverses circuit court, holds no illegal stop occurred and reinstates the revocation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was illegal seizure | Miller: there was an illegal stop prior to lights; Chenoweth parked, Pauley confronted him. | Chenoweth: no articulable reasonable suspicion; stop was unlawful because parking alone cannot justify stop. | No illegal seizure; stop justified by illegal parking observation and subsequent observations. |
| Whether the exclusionary rule applies in this DMV civil proceeding | Exclusionary rule should apply if stop illegal, preventing use of evidence in revocation. | Exclusionary rule not applicable in civil DMV proceedings; but court need not decide this after ruling on stop. | Dispositive issue is the stop; exclusionary rule need not be addressed. |
Key Cases Cited
- Muscatell v. Cline, 196 W.Va. 588 (1996) (abuse of discretion standard on circuit court reversal)
- Clower v. West Virginia Dep't of Motor Vehicles, 223 W.Va. 535 (2009) (limits on when to apply exclusionary rule; agency review standard)
- Ullom v. Miller, 227 W.Va. 1 (2010) (search/seizure standards; objective reasonableness of officer's actions)
- State v. Townsend, 186 W.Va. 283 (1991) (illegality of seizure excludes evidence)
- State v. Sigler, 224 W.Va. 608 (2009) (reasonable suspicion standard; objective standard governs stops)
- Illinois v. Krull, 480 U.S. 340 (1987) (exclusionary rule generally excludes unlawfully obtained evidence)