811 S.E.2d 747
S.C.2018Background
- Deputy Donnie Gilbert stopped a Hyundai on I-85 after observing it drift and repeatedly strike the dotted lane line; he recorded the stop and called dispatch.
- Driver Stepheno Alston produced a rental agreement showing the car was rented to his girlfriend and not authorized for travel in South Carolina; he gave inconsistent travel explanations.
- Deputy Gilbert wrote a warning, ran checks (license/registration ultimately confirmed valid), and about 15 minutes into the stop asked for consent to search; Alston agreed and officers found 434 grams of cocaine in the steering column.
- Alston was indicted for trafficking, tried in absentia, convicted, and sentenced to 25 years; he moved to suppress the evidence arguing the stop, the extension of the detention, and the consent were unlawful.
- The trial court denied the suppression motion; the Court of Appeals affirmed. The South Carolina Supreme Court granted certiorari, affirmed as modified, holding the initial stop was lawful, the stop’s extension was supported by reasonable suspicion on the totality of circumstances, and consent was voluntary.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to stop for lane violation | Alston: briefly striking dotted line is within "as nearly as practicable" and not a violation | State: repeated drifting/striking of lane line gave probable cause to stop and investigate impairment | Stop valid: statute not strict liability; repeated drifting can support a stop under totality of circumstances |
| Reasonable suspicion to extend detention beyond citation | Alston: no articulable suspicion; continued questioning prolonged stop unlawfully | State: officer’s observations (rental irregularities, travel inconsistencies, covered luggage, air freshener, training) created reasonable suspicion | Extension upheld: although the questioning exceeded ordinary scope, there was evidence to support reasonable suspicion under the totality of circumstances |
| Voluntariness of consent to search | Alston: statements show equivocation/refusal, license and paperwork not returned, presence of another officer, consent coerced after prolonged detention | State: officer credibly testified he informed Alston of right to refuse and Alston consented; trial judge credited officer | Consent found voluntary: trial judge’s credibility finding supported by record |
| Interpretation of §56-5-1900 (lane statute) | Alston: statute prevents stop based on minor incursions; must be interpreted to avoid de minimis stops | State: statute permits stops for observed lane departures | Court: statute not strict liability; "as nearly as practicable" requires fact-specific inquiry; affirmed modified analysis |
Key Cases Cited
- United States v. Sokolow, [citation="490 U.S. 1"] (establishes reasonable suspicion standard for Terry stops)
- Rodriguez v. United States, [citation="575 U.S. 348"] (traffic-stop authority ends when tasks tied to the stop are completed)
- State v. Provet, [citation="405 S.C. 101"] (totality-of-circumstances and officer-centered reasonable suspicion analysis)
- State v. Moore, [citation="415 S.C. 245"] (deference to trial court and giving weight to officers’ common-sense judgments)
- State v. Tindall, [citation="388 S.C. 518"] (probable cause/reasonable-suspicion standards for traffic stops)