379 P.3d 351
Idaho Ct. App.2016Background
- Kelley was stopped on I-84 for speeding and crossing the centerline; officer ran his information and found no warrants.
- Officer observed signs of nervousness (trembling, avoiding eye contact, visible carotid pulse) and questioned Kelley about the vehicle’s owner and travel plans; Kelley said he was transporting a friend’s car from Oregon to Nebraska.
- After the officer’s second contact, backup arrived; the officer asked about drugs and requested consent to search—Kelley denied both and asked if he was free to leave.
- Officers detained Kelley, deployed a drug dog which alerted at the rear passenger door, and subsequently searched the trunk, finding 22.5 pounds of marijuana.
- Kelley moved to suppress the evidence as the traffic stop was unlawfully prolonged; the district court denied suppression finding reasonable suspicion.
- The Court of Appeals reversed, holding the facts known before the prolonged detention did not amount to reasonable, articulable suspicion of criminal activity; conviction vacated and case remanded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officer had reasonable suspicion to prolong the traffic stop to investigate drug activity | Nervousness, unusual travel itinerary, travel on a known drug corridor, and other demeanor signs collectively supported reasonable suspicion | Those facts, individually and collectively, were insufficient; officer only had a hunch and the stop was unlawfully prolonged | No reasonable suspicion; prolongation was unlawful and suppression should have been granted |
Key Cases Cited
- Wong Sun v. United States, 371 U.S. 471 (Sup. Ct.) (evidence from unreasonable searches or seizures must be suppressed)
- Terry v. Ohio, 392 U.S. 1 (Sup. Ct.) (investigatory stops require reasonable, articulable suspicion)
- Alabama v. White, 496 U.S. 325 (Sup. Ct.) (reasonable suspicion less than probable cause but more than a hunch)
- United States v. Cortez, 449 U.S. 411 (Sup. Ct.) (totality of the circumstances test for reasonable suspicion)
- United States v. Sokolow, 490 U.S. 1 (Sup. Ct.) (innocent acts may combine to create reasonable suspicion)
- State v. Neal, 159 Idaho 919 (Ct. App. 2016) (nervous demeanor is of limited significance for reasonable suspicion)
- State v. Roe, 140 Idaho 176 (Ct. App. 2004) (officers may draw inferences from objective facts based on training and experience)