State v. Faulkner
1706022258
| Del. Super. Ct. | Nov 30, 2017Background
- On June 30, 2017 Smyrna police stopped Darrell H. Faulkner for a seat belt violation after an officer observed him driving unbelted. A canine officer and Sergeant Helton were on scene.
- Prior to the stop another officer reported Faulkner had been in a nearby known open-air drug market, repeatedly approaching and leaving his car trunk while interacting with different individuals. That information was relayed to officers at the stop.
- Sergeant Helton testified he smelled marijuana in the vehicle when he approached; he did not, however, tell the canine officer about that odor before the canine sweep began. Body camera footage was reviewed at the suppression hearing.
- Occupants were ordered out and held ~25 yards away while a canine conducted an external sweep. After the dog alerted at the rear of the car, officers found suspected crack cocaine affixed under the trunk in a magnetic key holder.
- Faulkner moved to suppress the drugs and his statements, arguing the detention was unlawfully extended beyond a traffic stop and lacked reasonable suspicion or probable cause to justify the canine sweep.
- The court concluded the dog-sweep detention was lawful: it credited Helton’s testimony about smelling marijuana and relied on both the odor and the relayed suspicious activity in the high-crime drug area to find reasonable suspicion (or, alternatively, probable cause) and denied suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers lawfully extended a seat-belt stop to conduct a canine sniff | State: Sergeant Helton smelled marijuana in the passenger compartment, providing probable cause to extend and search | Faulkner: Stop was unlawfully prolonged; no additional reasonable suspicion or probable cause justified the dog sniff | Court: Credited odor + relayed tip from drug area produced reasonable suspicion to prolong; alternatively, produced probable cause to search; denial of suppression |
| Whether Faulkner was under arrest before the canine sweep (affecting standard required) | State: argued arrest/probable cause justification | Faulkner: detention had become an arrest before the sniff, so higher standard required | Court: Found Faulkner was not arrested until handcuffed after the sniff; thus extension required reasonable suspicion — which existed; even if arrested earlier, probable cause existed based on odor and prior activity |
| Whether police conduct toward the passenger tainted the stop | Faulkner: passenger’s pat-down exceeded Terry frisk and indicates arrest-level intrusion | State: no direct challenge by Faulkner to passenger search standing-wise | Court: Passenger search was atypical but Faulkner lacked standing to challenge it; his behavior and lack of restraint supported finding no arrest prior to cuffing |
Key Cases Cited
- State v. Maxwell, 624 A.2d 926 (Del. 1993) (totality of circumstances standard for searches and seizures)
- Caldwell v. State, 780 A.2d 1037 (Del. 2001) (officer may not expand a traffic stop absent independent justification)
- Chisholm v. State, 988 A.2d 937 (Del. 2010) (strong odor of marijuana can establish probable cause to search vehicle)
- Hall v. State, 981 A.2d 1106 (Del. 2009) (odor of PCP supported probable cause for warrantless vehicle search)
- Jenkins v. State, 970 A.2d 154 (Del. 2009) (suspicious behavior plus strong marijuana odor establishes probable cause to search car)
- Fowler v. State, 148 A.3d 1170 (Del. 2016) (odor of marijuana, if articulable, may establish probable cause)
- Henry v. State, 588 A.2d 1142 (Del. 1991) (vehicle exception permits search of vehicle areas that may conceal contraband)
- Stafford v. State, 59 A.3d 1223 (Del. 2012) (collective knowledge and connection of officers to a detention/search)