State v. Edgar
397 P.3d 670
Utah Ct. App.2017Background
- On March 15, 2014 officers stopped Michael Edgar for a traffic violation and observed signs of possible drug impairment (constricted pupils, raspy voice, shakiness, nervousness).
- Officers called for backup and a canine unit; backup arrived and questioned Edgar; officers left briefly and then returned to explain field sobriety testing.
- A canine unit arrived about 17 minutes after the initial stop; the dog sniff (about two minutes) alerted on both doors.
- Field sobriety tests were conducted; after the tests officers searched the vehicle and Edgar and found controlled substances, paraphernalia, and a hatchet; Edgar was arrested and convicted of multiple drug and weapon offenses.
- Edgar appealed, claiming ineffective assistance of counsel for failing to move to suppress evidence based on an unconstitutionally prolonged traffic stop intended to wait for the drug dog.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel was ineffective for not moving to suppress evidence due to an allegedly prolonged traffic stop | Edgar: officers slowed completion of the stop (field sobriety tests) to wait for the dog, violating Fourth Amendment; counsel should have moved to suppress. | State: officers diligently investigated reasonable suspicion of drug impairment; impairment provided reasonable suspicion to continue detention pending the canine. | Counsel not deficient. The law was unsettled whether evidence of drug impairment alone supports reasonable suspicion to detain for a dog sniff; failing to advance a novel/unsettled theory was not ineffective assistance. |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-prong ineffective-assistance test)
- Rodriguez v. United States, 575 U.S. 348 (dog sniff after completion of traffic stop violates Fourth Amendment)
- Illinois v. Caballes, 543 U.S. 405 (dog sniff during lawful stop does not violate Fourth Amendment)
- Arizona v. Johnson, 555 U.S. 323 (temporary seizure during lawful traffic stop remains reasonable for duration of stop)
- Terry v. Ohio, 392 U.S. 1 (framework for determining reasonableness of seizures)
- Delaware v. Prouse, 440 U.S. 648 (stopping an automobile is a seizure under Fourth Amendment)
- State v. Simons, 296 P.3d 721 (Utah Supreme Court: presence of paraphernalia plus impairment can give rise to reasonable suspicion)