358 S.W.3d 158
Mo. Ct. App.2011Background
- State appeals a trial court ruling suppressing evidence from Drury’s DWI arrest.
- The incident began when Cpl. Sevier pursued Byron Drury for speeding and potential DWI; Byron stopped near a residence with Drury in a nearby Escape.
- Drury remained in her vehicle at Sevier’s request while he investigated Byron, raising officer-safety concerns.
- Sgt. Poole arrived, observed Drury’s odor of alcohol and slurred speech, and monitored Drury while Sevier completed Byron’s field sobriety test.
- After Byron’s arrest, Sevier questioned Drury, administered a breathalyzer (BAC 0.10) and required Drury to recite alphabet/count; Drury was then arrested for DWI.
- Trial court granted Drury’s motion to suppress all evidence and dismissed charges; the State appeals.
- Court holds that Drury was not unlawfully seized; initial detention was reasonable for officer safety and temporary; second detention based on reasonable suspicion was permissible; evidence is admissible and charges reverse and remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the initial detention was a Fourth Amendment seizure? | State: detention justified for officer safety. | Drury: no probable cause or lawful basis. | Initial detention deemed reasonable. |
| Whether the subsequent detention for DWI investigation was supported by reasonable suspicion? | State: observed proximity to suspect; Drury’s presence near scene supports suspicion. | Drury: lacked direct observation of driving; no suspicion. | Second seizure supported by reasonable suspicion; admissibility affirmed. |
Key Cases Cited
- Brendlin v. California, 551 U.S. 249 (U.S. 2007) (defines seizure for Fourth Amendment purposes; flight of movement limited by authority)
- Mimms, 434 U.S. 106 (U.S. 1977) (officer safety justifies temporary detention of a passenger)
- Summers, 452 U.S. 692 (U.S. 1981) (proximity to a suspect can justify detaining nearby individuals)
- Wilson, 519 U.S. 408 (U.S. 1997) (officer may order driver out of car for safety without suspicion)
- Sparr, 13 Neb.App. 144, 688 N.W.2d 913 (Neb. App. 2004) (non-investigatory detention can justify later, related investigatory detention)
- State v. Waldrup, 331 S.W.3d 668 (Mo. banc 2011) (requires reasonable suspicion for investigatory detention)
- State v. Grayson, 336 S.W.3d 138 (Mo. banc 2011) (exclusionary rule applies to unlawfully obtained evidence)
- State v. Sparr, 688 N.W.2d 922 (Neb. App. 2004) (supports sequential permissible seizures when initial detention is reasonable)
- U.S. v. Maddox, 388 F.3d 1356 (10th Cir. 2004) (protective detentions may be upheld for officer safety)
- Thompson v. City of Lawrence, 58 F.3d 1511 (10th Cir. 1995) (protective detention of bystander to secure scene)
- Weimer v. Schraeder, 952 F.2d 336 (10th Cir. 1991) (safety-related detentions may be reasonable)
- Clark v. United States, 337 F.3d 1282 (11th Cir. 2003) (proximity to activity can justify detention of bystander)
- Hunter, 291 F.3d 1302 (11th Cir. 2002) (proximity to alleged criminal activity informs reasonableness)