122 F. Supp. 3d 1027
D. Nev.2015Background
- DEA jailhouse intel and cell-site tracking led agents to believe James Evans was transporting methamphetamine from California to Nevada; Washoe County deputy Brandon Zirkle was asked to stop Evans and "develop his own probable cause."
- Zirkle stopped Evans for an alleged unsafe lane change; he approached the passenger side and testified he smelled a strong odor of methamphetamine (another trooper testified to smelling marijuana).
- During the stop Zirkle ran license/registration checks (returned clean), then requested an ex-felon registration check (also returned that Evans was properly registered); Zirkle later asked for consent to search and was refused.
- After telling Evans he was free to go, Zirkle reengaged, detained the occupants, deployed his drug dog; the dog alerted and a search produced methamphetamine and other drugs; Evans and passenger September McConnell were arrested.
- District Court granted Evans’ motion to suppress, finding the stop was unreasonably prolonged; Ninth Circuit affirmed the prolongation but remanded to decide whether independent reasonable suspicion justified each prolongation (ex-felon check and dog sniff).
- On remand the district court concluded no independent reasonable suspicion supported either prolongation and reaffirmed suppression under Rodriguez v. United States.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the stop was unreasonably prolonged under the Fourth Amendment | Evans: the detention exceeded time needed for traffic tasks and was a subterfuge to investigate drugs | Gov't: officer smelled methamphetamine (and other indicia) which supplied independent reasonable suspicion to prolong | Held: stop was unreasonably prolonged; prolongations require independent reasonable suspicion and none existed |
| Whether the odor of drugs provided independent reasonable suspicion to justify additional checks | Evans: odor testimony was not credible and, even if true, did not justify prolonged ex-felon check or further delay | Gov't: Zirkle smelled methamphetamine (and collective knowledge of DEA intel) — that plus nervousness and inconsistent statements justified prolongation | Held: odor evidence was questionable and, even accepting it, officers did not diligently pursue a quick means to confirm/dispel suspicions; odor alone did not justify the prolonged ex-felon check or dog sniff |
| Whether an ex-felon registration check was a permissible prolongation | Evans: registration check unrelated to traffic mission and impermissibly prolonged stop | Gov't: check was investigative step supported by indicators (odor, passenger nervousness) | Held: ex-felon registration check was not within the traffic "mission" and lacked independent reasonable suspicion; prolongation unlawful |
| Whether a subsequent dog sniff was justified by new reasonable suspicion after the registration check | Evans: no new, articulable facts arose after the registration check to justify further detention | Gov't: slight change in travel story and preexisting facts supported canine deployment | Held: only minor story change occurred; no new reasonable suspicion arose after the point where the stop became unreasonably prolonged, so the dog sniff was unjustified |
Key Cases Cited
- Rodriguez v. United States, 575 U.S. 348 (2015) (traffic-stop "mission" limits duration; unrelated checks that prolong stop require independent reasonable suspicion)
- United States v. Evans, 786 F.3d 779 (9th Cir. 2015) (stop was unreasonably prolonged; remanded to determine whether independent suspicion justified prolongations)
- Illinois v. Caballes, 543 U.S. 405 (2005) (dog sniff during lawful traffic stop does not violate Fourth Amendment so long as it does not prolong the stop)
- United States v. Sharpe, 470 U.S. 675 (1985) (duration of a stop judged by diligence in pursuing means of investigation to quickly confirm/dispel suspicions)
- Sokolow v. United States, 490 U.S. 1 (1989) (multiple innocuous factors can collectively create reasonable suspicion)
- State v. Beckman, 305 P.3d 912 (Nev. 2013) (detention becomes unlawful when extended beyond time needed to process traffic offense absent new reasonable suspicion)