The PEOPLE of the State of Colorado, Petitioner/Cross-Respondent, v. George R. LITCHFIELD and James L. Bracket, Respondents/Cross-Petitioners.
No. 95SC331.
Supreme Court of Colorado, En Banc.
June 3, 1996.
Rehearing Denied June 24, 1996.
918 P.2d 1099
John J. Mitchel, Montrose, for Respondent/Cross-Petitioner George T. Litchfield.
John Turner, Colorado Springs, for Respondent/Cross-Petitioner James L. Bracket.
Justice KOURLIS delivered the Opinion of the Court.
We granted certiorari to review the court of appeals decision in People v. Litchfield, 902 P.2d 921 (Colo.App.1995), reversing the district court‘s denial of the defendants’ mo
I.
The defendants, James L. Bracket and George R. Litchfield, were charged with possessing marijuana with intent to sell pursuant to
On May 13, 1991, at approximately 12:45 in the afternoon, Trooper Robert Keith Hoey of the Colorado State Patrol observed a red Thunderbird weaving on Colorado Highway 50 north of Montrose, Colorado. Trooper Hoey also noticed that the car had Florida license plates with the word “lease” on them. Hoey stopped the vehicle and approached the driver‘s side of the car where he encountered Bracket at the wheel.
Hoey asked Bracket for his license and the car rental papers. Bracket gave Hoey his license and a car rental contract. After inspecting the contract, Hoey noticed that the agreement was unsigned and was for a Mustang convertible. Bracket produced a second rental contract which listed the Thunderbird as the rental car. The vehicle identification number on the contract matched the vehicle identification number on the Thunderbird; however, this contract was also unsigned. In addition, Hoey noticed that a clause in the Thunderbird rental contract stated that the car could not be taken outside of Arizona or Nevada. The rental agreement was not due to expire for four days.
Hoey asked Litchfield, a passenger in the car at the time, for his license. After obtaining Litchfield‘s license, Hoey went back to his car to check both licenses on the police radio system. This check indicated that Bracket had a criminal history and that Litchfield did not. However, there were no outstanding warrants for either of them. In addition, the police had no record that the Thunderbird was a stolen vehicle. While in his car, Hoey requested backup from his supervisor and Sergeant Mitchell reported to the scene.
When Mitchell arrived he reviewed the unsigned rental agreements. He testified that because of the lack of a signature on the rental agreements, he suspected that the Thunderbird had been stolen. In addition, Mitchell explained that the fact that the car rental contract specified that the car could not be driven outside of Arizona and Nevada gave him “good and sufficient reason to believe that the occupants weren‘t rightfully in possession of the vehicle.” Based on this information, Mitchell decided to seize the rental car pursuant to
Mitchell then approached the car and asked Bracket what he was doing in Colorado. Bracket explained that he was a “bowling alley salesman” and that he and Litchfield were traveling from Tucson to Denver visiting bowling alleys on business. Mitchell asked Bracket if he had any materials to substantiate his claim. Bracket gave Mitchell a business card but could not produce any catalogs or pamphlets regarding his business. Bracket had previously told Hoey that he and Litchfield were bowling alley repairmen.
Mitchell informed Bracket and Litchfield of his decision to seize the car; however, he explained that they were not under arrest and were free to leave at any time. He told them that he would inventory the car and that if no guns were found, the two could drive the car to the police station. Litchfield and Bracket stepped out of the car while Mitchell conducted the search. Mitchell searched the passenger compartment and then opened the trunk of the car where he smelled and observed a bale of marijuana. Mitchell arrested Bracket and Litchfield.
In denying the defendants’ motion to suppress, the district court ruled that the officers had good and sufficient reason to question rightful ownership of the car. Thus, the court found that
After a trial to the bench, both Litchfield and Bracket were found guilty of possessing marijuana with intent to sell pursuant to
The court of appeals reversed the district court‘s denial of the defendants’ motions to suppress.3 See People v. Litchfield, 902 P.2d 921, 924 (Colo.App.1995). The court of appeals held that the officers did not have a reasonable suspicion that the defendants had committed theft of rental property. Id. at 923. Therefore, the officers’ investigatory stop of the defendants was unlawful and a protective search of the car pursuant to this stop was unwarranted. Id. at 924. In addition, the court of appeals held that the seizure of the car was not authorized under
The prosecution petitioned this court for certiorari review of the court of appeals ruling. We granted certiorari to determine:
Whether the court of appeals erred in holding that state patrol officers lacked “good and sufficient” cause pursuant to
section 42-5-107, 17 C.R.S. (1994 Supp.) 4 to temporarily seize and inventory defendants’ rental car.
We hold that under the circumstances of this case in order to establish good and sufficient cause for the seizure pursuant to
II.
A.
Because the stop of a car implicates constitutional concerns regarding an individual‘s right to be free from unreasonable searches and seizures, we begin our analysis of the questions at issue in this case with an overview of Fourth Amendment jurisprudence. See
Although probable cause is generally required, we have recognized that in certain circumstances involving limited intrusions into an individual‘s personal privacy or security, a diminished standard of “reasonable suspicion” may suffice. E.g., People v. Tate, 657 P.2d 955, 958 (Colo.1983); Stone v. People 174 Colo. 504, 509, 485 P.2d 495, 497 (1971). We have applied this reasonable suspicion standard in cases involving investigatory stops of automobiles. E.g., People v. George, 914 P.2d 367 (Colo. 1996); People v. Weston, 869 P.2d 1293 (Colo.1994); People v. Sosbe, 789 P.2d 1113 (Colo.1990). Under the reasonable suspicion standard, an officer may stop an automobile and question the driver if (1) he has an articulable and specific basis in fact for suspecting that criminal activity has occurred, is taking place, or is about to occur; (2) if the purpose of the intrusion is reasonable; and (3) if the scope and character of the intrusion is reasonably related to its purpose. Weston, 869 P.2d at 1296; People v. Lagrutta, 775 P.2d 576, 579 (Colo.1989); Stone, 174 Colo. at 509, 485 P.2d at 497. Similarly, the United States Supreme Court has held that such a seizure may be justified on less than probable cause, so long as the seizure is “minimally intrusive and operational necessities render it the only practicable means of detecting certain types of crime.” Arizona v. Hicks, 480 U.S. 321 at 327, 107 S.Ct. 1149 at 1154, 94 L.Ed.2d 347 (1987).
B.
The prosecution argues that the officers properly seized Litchfield‘s and Bracket‘s car pursuant to
All peace officers are authorized to take and hold possession of any motor vehicle or component part if its engine number, vehicle identification number, or manufacturer‘s serial number has been altered, changed or obliterated or if such officer has good and sufficient reason to believe that the motor vehicle or component part is not in the rightful possession of the driver or person in charge thereof.
(Emphasis added.) As an initial matter, we must interpret the phrase “good and sufficient cause” in
Since we have decided that
III.
The prosecution next argues that because the officers made a valid investigatory stop of the vehicle, the officers were justified in conducting both a protective search for weapons and an inventory search of the vehicle. Although we agree that under the circumstances the officers were justified in conducting a protective weapons search of the passenger compartment of the vehicle, we do not view the protective search as properly encompassing the vehicle‘s trunk. Further, because the vehicle had not yet been impounded, we hold that the officers had no justifiable reason for conducting an inventory search of the vehicle.
A.
A warrantless search and resulting seizure are presumptively unreasonable unless the search falls within certain recognized exceptions to the warrant requirement. People v. Hauseman, 900 P.2d 74, 77 (Colo.1995). One such exception is a protective weapons search pursuant to an investigatory stop. See Terry v. Ohio, 392 U.S. 1, 27, 88 S.Ct. 1868, 1883, 20 L.Ed.2d 889 (1968). The purpose of such a search is not to discover evidence of crime but to allow an officer to pursue an investigation without fear of violence.
In the context of a roadside encounter, an officer may conduct a protective search for weapons not only of the driver‘s person but also of the passenger compartment of the vehicle. Michigan v. Long, 463 U.S. 1032, 1049, 103 S.Ct. 3469, 3480, 77 L.Ed.2d 1201 (1983). The officer may conduct such a search only if he possesses “a reasonable belief based on specific and articulable facts that the suspect is dangerous and may gain control of a weapon.” People v. Corpany, 859 P.2d 865, 869 (Colo.1993) (citing Long, 463 U.S. at 1049, 103 S.Ct. at 3480). Because the protective search of an automobile is justified solely by the danger that weapons stored in the vehicle could be used against the officer, the officer may search only those areas of the passenger compartment of an automobile in which a weapon may be placed or hidden. Corpany, 859 P.2d at 869; Melgosa, 753 P.2d at 225.
We have applied a four-part analysis when analyzing the propriety of a roadside protective search for weapons. In order to conduct such a search: (1) there must be an articulable and specific basis in fact for suspecting that criminal activity has occurred, is taking place, or is about to occur; (2) the purpose of the intrusion must be reasonable; (3) the scope and character of the intrusion must be reasonably related to its purpose; and (4) there must be specific and articulable facts which reasonably cause the officer to believe that the suspect is armed and dangerous and may gain immediate control of the weapon. Corpany, 859 P.2d at 870; People v. Cagle, 751 P.2d 614, 616-17 (Colo.), appeal dismissed sub nom. Cagle v. Colorado, 486 U.S. 1028, 108 S.Ct. 2009, 100 L.Ed.2d 597 (1988).
In the present case, because the officers had a specific and articulable reasonable suspicion that the defendants were not in rightful possession of the car, the temporary seizure was reasonable.5 See supra part II. However, we hold that the scope of the officers’ search was unreasonable. The officers did not limit their search to the passenger compartment of the car, where arguably the defendants might have gained control of a
B.
A second exception to the warrant requirement involves administrative inventory searches. See Colorado v. Bertine, 479 U.S. 367, 371, 107 S.Ct. 738, 741, 93 L.Ed.2d 739 (1987) (permitting warrantless search of automobile upon lawful arrest); People v. Taube, 864 P.2d 123, 131 (Colo.1993) (explaining that in limited circumstances an inventory search may be conducted without judicial authorization or a finding of probable cause). An officer who has validly taken a vehicle into custody may make an inventory search of the contents of the vehicle. See South Dakota v. Opperman, 428 U.S. 364, 373, 96 S.Ct. 3092, 3099, 49 L.Ed.2d 1000 (1976) (stating: “[T]his Court has consistently sustained police intrusions into automobiles impounded or otherwise in lawful police custody where the process is aimed at securing or protecting the car and its contents.“).
Such searches are part of the routine administrative caretaking function of the police. The purpose of an inventory search is to “protect an owner‘s property while it is in the custody of the police, to insure against claims of lost, stolen or vandalized property, and to guard the police from danger.”7 Bertine, 479 U.S. at 372, 107 S.Ct. at 741. An inventory search, may not be used “as a ruse for general rummaging” by the police in order to discover incriminating evidence. Florida v. Wells, 495 U.S. 1, 4, 110 S.Ct. 1632, 1635, 109 L.Ed.2d 1 (1990); Hauseman, 900 P.2d at 78. Furthermore, when conducting an inventory search, the police must follow standardized procedures and criteria.8 Taube, 864 P.2d at 130.
At the time of the search of the vehicle, the officers’ temporary detention of the vehicle had not yet ripened into an impoundment. Therefore, a full inventory search was not permissible.9 The officers’ stated purpose for temporarily seizing the vehicle was to transport the vehicle to Montrose, at which time they would contact the rental car company to determine if Bracket and Litchfield had rightful possession of the car. During the temporary detention, the officers had neither impounded the car nor taken it into custody. We also note that Sergeant Mitchell specifically told the defendants that he was going to undertake a protective weapons search for guns, not a formal inventory of the vehicle‘s contents. Because Litchfield and Bracket would have maintained control over the car and their belongings within it while the officers checked with the rental company, there was no need for the officers to inventory the contents of the car. Official concerns
IV.
In conclusion, we hold that in order to detain a vehicle pursuant to
VOLLACK, C.J., dissents, and SCOTT, J., joins in the dissent.
Chief Justice VOLLACK dissenting:
The majority holds that although the officers had reasonable suspicion to conduct a protective search of the respondents’ rental vehicle, the officers exceeded the scope of the protective search by extending the search to the trunk of the vehicle. I dissent because I believe the district court properly denied the respondents’ motion to suppress the evidence discovered in the vehicle‘s trunk. I would hold that, pursuant to the doctrine of inevitable discovery, the evidence found in the trunk of the respondents’ vehicle was properly admitted. Such evidence would inevitably have been discovered during an inventory search of the vehicle because, at the time of the search, the officers had decided to seize the vehicle pursuant to
I.
On May 13, 1991, Trooper Robert Keith Hoey (Officer Hoey) of the Colorado State Patrol stopped a red Ford Thunderbird for weaving on Colorado Highway 50 near Montrose, Colorado. The word “lease” was written on the bottom of the vehicle‘s license plates, which indicated to Officer Hoey that this was a rental car. James Bracket (Bracket) was driving the vehicle and George Litchfield (Litchfield) was the passenger.
After approaching the vehicle, Officer Hoey asked Bracket to produce a driver‘s license and a rental agreement. Bracket produced his driver‘s license, but gave Officer Hoey a rental agreement for a Ford Mustang convertible rather than for the Thunderbird which he was driving. After Officer Hoey informed him of the error, Bracket produced a rental agreement for the Thunderbird. Officer Hoey noted that this rental agreement had not been signed. Officer Hoey testified at the suppression hearing that, in his experience, the lack of a signature on a rental agreement makes the document invalid. Officer Hoey also noted that the rental agreement stated that the car was not to be operated outside the states of Arizona and Nevada.
Officer Hoey then called his supervisor, Sergeant John Mitchell (Sergeant Mitchell) at the state patrol office. Sergeant Mitchell responded to the location where Officer Hoey had stopped the respondents’ vehicle. Sergeant Mitchell examined the rental agreement and noted that it had not been signed even though there was an “X” placed on a line to indicate where it should have been signed. Sergeant Mitchell also noted the provision which stated that the car was only to be driven in Arizona and Nevada. The lack of the signature created some suspicion in Sergeant Mitchell‘s mind that the rental vehicle could have been stolen. Moreover, when Sergeant Mitchell considered the fact that the rental agreement clearly specified
Sergeant Mitchell then directed Bracket to move the vehicle further onto the shoulder and to step out for greater safety. Sergeant Mitchell asked Bracket what he was doing in Colorado; Bracket answered that he was a “bowling alley salesman” and that he and his friend were traveling from Tucson to Denver, going to different bowling alleys on business. Sergeant Mitchell asked Bracket if he had any materials which would substantiate this claim. Bracket produced a business card but stated that he did not have any brochures or pamphlets. Bracket had previously told Officer Hoey that he and Litchfield were “bowling alley repairmen” traveling from Phoenix to Denver to find repair jobs in the Denver area.
Sergeant Mitchell then told Bracket that he was going to seize the car pursuant to
Sergeant Mitchell began conducting a search of the vehicle. After he completed searching the passenger compartment of the vehicle, he opened the trunk. Immediately upon opening the trunk, Sergeant Mitchell was struck by “an extremely pungent odor of raw marijuana.” Sergeant Mitchell immediately observed a bale of marijuana of approximately thirty pounds. Sergeant Mitchell and Officer Hoey subsequently arrested Bracket and Litchfield.
The respondents were charged with possession of marijuana with intent to sell. They filed a motion to suppress the marijuana seized from the rental car, which the trial court denied. After a bench trial, the respondents were convicted of possession of marijuana with intent to sell. The court of appeals reversed and remanded this matter, holding that the trial court erroneously denied the respondents’ motion to suppress the marijuana.
II.
The majority holds that, because the police officers had a reasonable suspicion that Bracket and Litchfield were not rightfully in possession of the rental car, the officers were justified in conducting a protective weapons search of the passenger compartment of the vehicle. I agree with this conclusion. However, the majority finds that the search of the vehicle‘s trunk was not justified as a protective search or as an inventory search. The majority thus concludes that the district court improperly denied the respondents’ motion to suppress the evidence found in the trunk of the rental vehicle. I dissent because, at the time of the search, the officers had decided to seize the rental vehicle pursuant to
The exclusionary rule is a judicially created remedy designed primarily to deter unlawful searches and seizures by the police. People v. Burola, 848 P.2d 958, 960 (Colo. 1993); People v. Fournier, 793 P.2d 1176, 1179 (Colo.1990); People v. Schoondermark, 759 P.2d 715, 718 (Colo.1988);
The United States Supreme Court has consistently sustained police intrusions into automobiles impounded or otherwise in lawful police custody where the process is aimed at securing or protecting the car and its contents. South Dakota v. Opperman, 428 U.S. 364, 373, 96 S.Ct. 3092, 3099, 49 L.Ed.2d 1000 (1976). The purpose of an inventory search is to protect an owner‘s property while it is in the custody of the police, to ensure against claims of lost, stolen, or vandalized property, and to guard the police from danger. Colorado v. Bertine, 479 U.S. 367, 372, 107 S.Ct. 738, 741, 93 L.Ed.2d 739 (1987). Thus, as the majority acknowledges, an “officer who has validly taken a vehicle into custody may make an inventory search of the contents of the vehicle.” Maj. op. at 1106.
In the case before us, Sergeant Mitchell informed the respondents that the rental car would be seized pursuant to
All peace officers are authorized to take and hold possession of any motor vehicle . . . if such officer has good and sufficient reason to believe that the motor vehicle or component part is not in the rightful possession of the driver or person in charge thereof.
The majority states that “[a]t the time of the search of the vehicle, the officers’ temporary detention of the vehicle had not yet ripened into an impoundment. Therefore, a full inventory search was not permissible.” Maj. op. at 1105. However, the question of whether a detention has ripened into an impoundment does not preclude the inevitable discovery of evidence. The record reflects that at the time of the search, Sergeant Mitchell had already decided to seize the rental vehicle and hold it for investigation pursuant to
I am authorized to say that Justice SCOTT joins in this dissent.