State v. Phelps
2017 ND 141
| N.D. | 2017Background
- On Sept. 16, 2015, officer stopped Michael Phelps for a trailer-related issue; officer alleged a missing trailer plate and an inoperable right brake light.
- Officer obtained Phelps’ license/registration and returned to his cruiser to run checks; a K-9 sergeant arrived on scene while these duties were occurring.
- Phelps and the officer spoke near the rear of the trailer as the K-9 was walked around the vehicle; the dog alerted to drugs.
- Officers searched the vehicle, found individually packaged methamphetamine, and arrested Phelps for possession with intent to deliver.
- Phelps moved to suppress, arguing (1) no legal basis for the stop (plate omission not a violation) and (2) the K-9 sniff unlawfully extended the stop beyond the time needed to handle the traffic matter. District court denied suppression; Phelps entered a conditional plea and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Validity of traffic stop | Officer had reasonable suspicion due to observed faulty brake light (supporting stop) | Phelps: stop based only on lack of trailer plate which is not a traffic violation | Court: stop valid — district court’s finding of an inoperable brake light is supported by video/testimony and provides reasonable suspicion |
| Whether K-9 sniff unlawfully extended stop | State: dog sniff occurred contemporaneously with completion of traffic-stop duties, so did not prolong detention | Phelps: dog sniff prolonged the stop beyond time reasonably necessary to issue citation and therefore required independent reasonable suspicion | Court: dog sniff did not prolong the stop — it occurred virtually contemporaneously with completion of traffic-stop tasks; once dog alerted, reasonable suspicion justified further detention and search |
Key Cases Cited
- Whren v. United States, 517 U.S. 806 (traffic violations justify investigatory stops)
- Illinois v. Caballes, 543 U.S. 405 (K-9 sniff during lawful traffic stop generally does not implicate privacy interests)
- Rodriguez v. United States, 135 S. Ct. 1609 (traffic-stop duration limited to time reasonably required to address the traffic violation; extension that "prolongs" the stop is unlawful)
- Heien v. North Carolina, 135 S. Ct. 530 (an objectively reasonable mistake of law can supply reasonable suspicion)
- State v. Fields, 662 N.W.2d 242 (N.D. case discussing what duties fall within a reasonable traffic-stop detention)