781 S.E.2d 897
S.C.2016Background
- At ~1:10 a.m., Deputy Owens paced and stopped Moore for speeding; Owens detected alcohol odor, Moore admitted to drinking and produced a driver's license and a rental agreement showing the car had been rented to a third party in Morganton, NC the day before.
- Moore exited the vehicle, had shaking hands, a rapid pulse, smoked cigarettes, consented to a pat-down that revealed about $600, and said he was unemployed and driving from Lawrenceville, GA to Marion, NC to visit his grandmother.
- Deputy Owens administered three field sobriety tests; Moore passed two, was not arrested, and was issued a warning approximately 15–16 minutes into the stop.
- Before the stop concluded, officers requested a drug-detection canine; the canine arrived ~16 minutes later, alerted to the vehicle, and a subsequent search produced substantial crack cocaine, a loaded handgun, and $4,000.
- Moore moved to suppress, arguing the continued detention lacked reasonable suspicion; the trial court denied suppression, the court of appeals reversed (majority), and the South Carolina Supreme Court granted certiorari.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to extend/detain after traffic-stop purpose ended | Moore: Continued detention was unlawful; facts did not amount to reasonable, articulable suspicion of serious crime | State: Totality of circumstances (large cash, unusual rental/itinerary, nervousness, alcohol odor, demeanor, officer experience) gave objective reasonable suspicion to extend stop | Court reversed COA; trial court's finding of reasonable suspicion is supported by evidence under deferential review |
Key Cases Cited
- United States v. Jones, 132 S. Ct. 945 (2012) (Fourth Amendment protection against unreasonable searches and seizures)
- United States v. Sokolow, 490 U.S. 1 (1989) (reasonable-suspicion standard for investigative stops; totality of circumstances)
- Arizona v. Johnson, 555 U.S. 323 (2009) (traffic stop remains valid until purpose completed)
- Rodriguez v. United States, 135 S. Ct. 1609 (2015) (extension of a traffic stop requires independent reasonable suspicion)
- Illinois v. Wardlow, 528 U.S. 119 (2000) (nervousness may be a factor in reasonable-suspicion analysis)
- United States v. Cortez, 449 U.S. 411 (1981) (totality-of-the-circumstances test for reasonable suspicion)
- State v. Provet, 405 S.C. 101 (2014) (deferential appellate review of suppression rulings; traffic-stop and reasonable-suspicion principles)