State v. Doelz
309 Kan. 133
| Kan. | 2019Background
- On May 31, 2013 a Leavenworth credit union was robbed by two Black males; getaway vehicle described as a dark green Chevy Blazer with standard Missouri plates.
- Officer Brandon Mance located a dark green Blazer the next morning, observed three white occupants, followed and stopped the vehicle based on the vehicle description and known connection of the residence to drug activity.
- While arresting rear-seat occupant David Schmidt (warrants), Mance observed a closed black plastic box on the backseat, removed it without permission, opened it and discovered a digital scale.
- After confronting driver Robert Doelz, Mance asked to search the vehicle; Doelz initially refused but then said, "If you have to, go ahead," after being told the officer could search without consent.
- A full search yielded 28.52 grams of methamphetamine hidden in the gas cap area; Doelz was convicted at retrial after a hung jury at first trial.
- Lower courts denied suppression and post-trial relief; Kansas Supreme Court granted review and reversed suppression rulings, ordering a new trial.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Doelz) | Held |
|---|---|---|---|
| 1. Whether officer lawfully extended the Terry stop after learning occupants were white | Officer: reasonable suspicion continued to investigate vehicle as instrumentality and whether driver was accomplice | Doelz: race discrepancy ended purpose of stop; detention must end | Held: Extension lawful — purpose included identifying driver/accomplice; records check and ID were permissible |
| 2. Lawfulness of seizing the closed box on backseat under plain-view | Officer: box plainly visible; training permitted recognition of scale as drug paraphernalia so seizure justified | Doelz: box was inside car; seizure/search without warrant or exception unconstitutional | Held: Seizure/search invalid under plain-view — incriminating character was not immediately apparent; officer had to open box to confirm scale |
| 3. Lawfulness of opening/searching the container (box) without warrant | Officer/State: plain-view justified both removal and opening | Doelz: container conceals contents; requires warrant or exception | Held: Opening container unlawful; containers that conceal contents require warrant or an applicable exception |
| 4. Lawfulness of full vehicle search (automobile exception and consent) | State: automobile exception justified full search; alternatively consent | Doelz: lack of probable cause for automobile exception; consent not freely given | Held: Automobile exception not established once scale evidence suppressed; consent dubious and not relied on — full search unlawful; suppression required |
Key Cases Cited
- State v. Sanchez-Loredo, 294 Kan. 50 (discussing automobile exception and warrant exceptions)
- State v. Wonders, 263 Kan. 582 (plain-view seizure requires incriminating character to be immediately apparent)
- State v. Evans, 308 Kan. 1422 (containers that conceal contents require warrant or exception)
- State v. Overman, 301 Kan. 704 (warrantless searches are per se unreasonable absent an exception)
- United States v. Villagrana-Flores, 467 F.3d 1269 (10th Cir.) (police may request ID during a Terry stop and run records checks)
- Florida v. Royer, 460 U.S. 491 (Terry-stop duration must be temporary and reasonably related to purpose of stop)