State v. Herren
2010 SD 101
S.D.2010Background
- Deputy received an anonymous tip about a possible drunk driver traveling from Flandreau to Toronto in a blue Ford Durango (approx. 9:00 p.m., Aug. 2, 2009).
- Deputy positioned at Highway 14 and 478th Avenue in a rural area and observed Herren’s vehicle approach and stop at the stop sign.
- The vehicle remained stopped at the stop sign for about 30–45 seconds with no traffic barriers observed.
- Officer pulled Herren’s vehicle over immediately after the stop sign delay, citing the unusual length of the stop as the reason for the stop and relying on the anonymous tip.
- Trial court found the stop was based on the stop-sign delay, not the anonymous tip, and upheld the stop on that basis.
- Appellate court affirmed, holding that the stop-sign delay alone did not establish reasonable suspicion but, when combined with the tip under the totality of circumstances, did establish reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the officer had reasonable suspicion to stop Herren’s vehicle. | State contends the tip plus delay created reasonable suspicion. | Herren argues delay alone was insufficient; tip reliability is low. | Yes; totality of circumstances supported reasonable suspicion. |
Key Cases Cited
- United States v. Arvizu, 534 U.S. 266 (2002) (reasonable-suspicion standard based on totality of circumstances)
- State v. Bergee, 753 N.W.2d 911 (2008 SD 67) (totality-of-circumstances test for stop justification)
- State v. Hodges, 631 N.W.2d 206 (2001 SD 93) (reasonable suspicion as objective standard)
- State v. Quartier, 753 N.W.2d 885 (2008 SD 62) (common-sense, non-technical approach to reasonable suspicion)
- State v. Akuba, 686 N.W.2d 406 (2004 SD 94) (specific and articulable facts; totality of circumstances)
- State v. Sound Sleeper, 787 N.W.2d 787 (2010 SD 71) (review of factual findings under clearly erroneous standard; de novo on constitutional questions)
- State v. Ludemann, 778 N.W.2d 618 (2010 SD 9) (de novo review of constitutional questions; factual findings sustained)
- State v. Vento, 604 N.W.2d 468 (1999 SD 158) (principles on reasonable suspicion and totality of circumstances)
- State v. Hanson, 588 N.W.2d 885 (1999 SD 9) (probability standards and reasonable suspicion)
- State v. Scholl, 684 N.W.2d 83 (2004 SD 85) (reliability of anonymous tips in totality analysis)
- State v. Fields, 239 Wis.2d 38, 619 N.W.2d 279 (2000) (delay at stop sign alone insufficient for stop)
- State v. Hein, 2002 WL 1825752 (Wash. Ct. App.) (delay at stop sign insufficient by itself)
- DeArman v. Washington, 54 Wash. App. 621, 774 P.2d 1249 (1989) (extended delay at stop sign not alone indicative)
- Stiffler v. State, 744 So.2d 1187 (1999 Fla. Dist. Ct. App.) (long stop at stop sign not alone; other factors needed)