2023 CA 000269
Ky. Ct. App.Apr 11, 2024Background
- Around midnight on December 30, 2021, police found Tyler Butler passed out in the driver’s seat of his running truck, which was in reverse and stationary only because his foot was on the brake.
- Officers blocked Butler’s vehicle to prevent potential flight and tried unsuccessfully to wake him with a flashlight before opening the driver’s door.
- Butler exhibited signs of drug intoxication, failed field sobriety tests, and admitted drug use after being awakened and removed from the truck.
- Officers observed a knife within Butler’s reach, opened the passenger door for safety, and saw a black notebook with white powder in plain view.
- Officers searched the truck, found drugs, and Butler was arrested and charged with controlled substance offenses and DUI.
- Butler’s motion to suppress evidence on Fourth Amendment grounds was denied; he entered a conditional guilty plea and appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Warrantless opening/search of truck | Officers violated Butler’s Fourth Amendment rights by opening the doors and searching without a warrant | Officers acted under exigent circumstances and had probable cause due to Butler’s condition and the plain view of contraband | No Fourth Amendment violation; exigent circumstances, automobile and plain-view exceptions apply |
| Initial investigatory stop | No reasonable suspicion justified stop | Reasonable suspicion of DUI/criminal activity | Reasonable suspicion existed, stop lawful |
| Opening doors for officer safety | No justification for opening passenger door | Officer safety due to presence of knife, intoxicated driver | Officers reasonably opened doors for safety |
| Use of plain-view exception | Evidence improperly seized without warrant | White powder in plain view, officer lawfully present | Plain-view exception justified search |
Key Cases Cited
- Terry v. Ohio, 392 U.S. 1 (officer may conduct investigative detention based on reasonable suspicion)
- United States v. Arvizu, 534 U.S. 266 (reasonable suspicion is less than probable cause, based on totality of circumstances)
- United States v. Sokolow, 490 U.S. 1 (reasonable suspicion evaluated under totality of circumstances)