419 P.3d 637
Kan. Ct. App.2018Background
- Deputy Thorne stopped Eric Knight's car after a dispatcher reported the vehicle's registration had expired. Knight produced an invalid Colorado license and no proof of insurance.
- Passenger Erica Arnold sat in the front seat of a T-top Firebird; the removed T-top allowed view into the interior. Thorne observed a glass pipe (1-inch bowl and part of the cylinder) tucked in Arnold's waistband and recognized it as methamphetamine paraphernalia.
- Thorne instructed Arnold not to touch the pipe, had both occupants exit the vehicle, removed the pipe from Arnold, and then searched the car.
- The search of the middle console revealed a plastic container with a green leafy substance, a white pill, a circular object with brown liquid, and a small cylinder with crystal white substance; the glove box contained a blue tube with a green leafy substance.
- Knight moved to suppress the seized items as the fruit of an unlawful warrantless search. The district court granted suppression, citing uncertainty in the law about whether paraphernalia observed on a passenger provides probable cause to search the driver’s vehicle. The State appealed.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Knight) | Held |
|---|---|---|---|
| Whether totality of circumstances gave probable cause to search the vehicle under the automobile exception | Plain-view observation of meth pipe on passenger plus officer training/experience created fair probability of additional drugs/paraphernalia in reachable areas of the car | Observation of paraphernalia on passenger did not establish probable cause to search the driver’s car; legal authority is unclear | Reversed: probable cause existed to search areas within passenger’s reach (middle console, glove box) |
| Whether the automobile exception (probable cause + exigency) applies when occupants are outside the vehicle | Vehicle’s mobility supplies exigency; passenger removal does not defeat automobile exception | Passenger removal renders vehicle effectively immobile so exigency is lacking | Automobile exception applies despite occupants being out of the car; exigency established by vehicle’s ready mobility |
| Scope of search when probable cause arises from items associated with a passenger | Officer may search places in vehicle where objects could reasonably be stored/reachable by that passenger | Probable cause relating to passenger does not automatically permit searching the entire vehicle or unrelated containers | Scope limited to places within passenger’s reach; search of middle console and glove box lawful |
| Whether the district court could consider preliminary hearing testimony not presented at suppression hearing | State argued earlier testimony (Knight admitted drugs in glove box) should factor into probable cause analysis | Knight relied on record presented at suppression hearing; suppression ruling limited to that evidence | Appellate review limited to evidence at suppression hearing; district court did not err in ignoring preliminary hearing testimony not introduced at suppression hearing |
Key Cases Cited
- Carroll v. United States, 267 U.S. 132 (establishes automobile exception to warrant requirement based on vehicle mobility)
- United States v. Ross, 456 U.S. 798 (scope of warrantless automobile search is defined by object of search and places where it may be found; containers may be opened if probable cause exists)
- California v. Acevedo, 500 U.S. 565 (police may search a container in a vehicle without a warrant when probable cause exists for that container; scope limited to places likely to contain contraband)
- Maryland v. Pringle, 540 U.S. 366 (probable cause is a practical, common-sense standard dealing with probabilities under the totality of the circumstances)
- Florida v. Harris, 568 U.S. 237 (probable cause assessment is fact-specific and not reducible to precise formulas)
- United States v. Arvizu, 534 U.S. 266 (totality-of-circumstances approach permits officers to rely on training and experience when drawing inferences)
- Ornelas v. United States, 517 U.S. 690 (reviewing courts must give due weight to officers’ inferences in probable cause determinations)
- State v. Jefferson, 297 Kan. 1151 (probable cause plus exigent circumstances standard in Kansas for vehicle searches)
- State v. Sanchez-Loredo, 294 Kan. 50 (discusses Kansas exceptions to warrant requirement and automobile-search principles)
- State v. Jones, 300 Kan. 630 (review of suppression ruling generally limited to evidence presented at suppression hearing)