Vasquez v. Lewis
2016 U.S. App. LEXIS 15424
| 10th Cir. | 2016Background
- Officers Jimerson and Lewis stopped Peter Vasquez on I-70 at night for a temporary tag they could not read; Vasquez was the sole occupant and had blankets/pillow in passenger and back seats.
- Vasquez said he was originally from Colorado, driving from Aurora, CO, and moving to Maryland; he owned newer cars per his insurance but was driving an older recently purchased 1992 BMW.
- After issuing a warning, officers questioned Vasquez, asked to search, he refused, and officers detained him while summoning a drug-detection dog; the canine search and subsequent vehicle search found no contraband.
- Vasquez sued under 42 U.S.C. § 1983 alleging Fourth Amendment unlawful detention and search; the district court granted qualified immunity to the officers at summary judgment.
- The Tenth Circuit (majority) reversed, holding the continued detention and search lacked reasonable suspicion and that relying on out-of-state residency (Colorado) is impermissible; the court found the right was clearly established by prior precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether officers had reasonable suspicion to detain and search after issuing a traffic warning | Vasquez: the post-warning detention and canine search lacked particularized, objective suspicion — listed factors were innocent | Officers: totality (night travel, I-70 drug corridor, Colorado residency, covered items, nervousness, older car despite newer insured cars, fresh fingerprints) justified suspicion | Held: No reasonable suspicion; detention and search violated Fourth Amendment |
| Whether state residency (traveling from Colorado) may be weighed to support reasonable suspicion | Vasquez: residency is an improper basis and too broad to indicate criminality | Officers: Colorado is a drug source/medical marijuana state, so residency is probative | Held: State citizenship/residency is an impermissible basis here and carries little weight; courts should abandon using out-of-state plates as justification |
| Whether the officers’ conduct violated a clearly established right (qualified immunity) | Vasquez: similar precedent (Wood) clearly established such post-warning detentions without specific suspicion are unlawful | Officers: Wood is distinguishable or outdated; reasonable officers could differ on close call | Held: Right was clearly established — Wood and related precedent put officers on notice; qualified immunity denied |
| Whether the totality of the circumstances rule permits aggregation of innocent factors to create reasonable suspicion | Vasquez: aggregation here still fails to supply particularized suspicion | Officers: under Arvizu, innocent factors in combination can justify detention | Held: Even under totality, the specific combination here did not create reasonable suspicion; officers must explain how factors together point to criminality |
Key Cases Cited
- United States v. Arvizu, 534 U.S. 266 (2002) (totality-of-circumstances approach; aggregation of factors can support reasonable suspicion)
- United States v. Wood, 106 F.3d 942 (10th Cir. 1997) (post-warning detention and canine search held unsupported by reasonable suspicion)
- United States v. Guerrero, 472 F.3d 784 (10th Cir. 2007) (traveling from a drug-source city/state is of little weight)
- United States v. Edgerton, 438 F.3d 1043 (10th Cir. 2006) (once temporary-tag concern is resolved, officers should explain the reason for the stop and allow the motorist to leave)
- United States v. Beck, 140 F.3d 1129 (8th Cir. 1998) (state of residence is an extremely weak factor in reasonable suspicion analysis)
- Foote v. Spiegel, 118 F.3d 1416 (10th Cir. 1997) (two-step qualified immunity framework)
- United States v. Lambert, 46 F.3d 1064 (10th Cir. 1995) (need for particularized and objective basis to expand detention beyond initial stop)
- United States v. Melendez-Garcia, 28 F.3d 1046 (10th Cir. 1994) (courts should avoid second-guessing officer judgment but assess reasonableness)