338 S.W.3d 863
Mo. Ct. App.2011Background
- Loyd was driving a 1995 black Suburban on Oct 21, 2008 when Officer Nolan ran the plate and learned via MULES there was an outstanding warrant for Loyd; Loyd claimed no license and was arrested after confirming his license was revoked.
- At 11:29 p.m. on Nov 24, 2008, the same Suburban was stopped again after another plate check revealed an outstanding warrant for Loyd; Loyd was again arrested after verification of revocation.
- The owner sat in the passenger seat and nine others were in the rear; Loyd was charged with two counts of driving while revoked, a Class A misdemeanor.
- Loyd moved to suppress the evidence from both stops; the trial court denied the motion; Loyd waived a jury and the court heard suppression testimony instead of trial testimony.
- The trial court found Loyd guilty on both counts and sentenced him to 180 days on each count, with sentences suspended and Loyd placed on two years’ probation.
- On appeal, Loyd contends the stops were unlawful because Nolan lacked reasonable suspicion or probable cause to run the license-plate check or to stop Loyd.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the license-plate check a Fourth Amendment search? | Loyd argues the plate check violated Fourth Amendment rights. | Loyd contends the check was an unreasonable search; it also implicates Article I, § 15. | The check is not a Fourth Amendment search. |
| Did the MULES information provide reasonable suspicion to stop the Suburban? | Loyd asserts no reasonable suspicion since the vehicle may not be Loyd's. | State contends the warrant tied to the plate, via prior stops, gave reasonable suspicion to investigate. | Yes; the stops were supported by reasonable suspicion. |
Key Cases Cited
- Diaz-Castaneda v. United States, 494 F.3d 1146 (9th Cir. 2007) (license plate checks do not constitute searches)
- Ellison, 462 F.3d 557 (6th Cir. 2006) (license plate checks generally not searches)
- Dickson v. State, 252 S.W.3d 216 (Mo. App. E.D.2008) (outstanding warrant associated with plate supports stop)
- Johnson v. State, 316 S.W.3d 390 (Mo. App. W.D.2010) ( Terry stop reasonable suspicion standard)
- State v. Pike, 162 S.W.3d 464 (Mo. banc 2005) (framework for reviewing suppression rulings; de novo on Fourth Amendment questions)
- State v. Milliorn, 794 S.W.2d 181 (Mo. banc 1990) (standard for reviewing suppression rulings)
- State v. Damask, 936 S.W.2d 565 (Mo. banc 1996) (Fourth Amendment protections in Missouri)
- New York v. Class, 475 U.S. 106 (1986) (VIN visibility and privacy expectations discussed by Diaz-Castaneda)