Factual and Procedural History
This is an appeal taken by the State, under § 547.200, RSMo 2000, from a judgment suppressing the evidence seized from the respondent, a passenger in a motor vehicle, following a valid stop.
On the morning of February 2, 2001, Maryville police officer Darrell Shanks was on patrol when he observed a vehicle in which three individuals, including respondent, Michelle Hoyt, were riding. Upon passing Shanks’ patrol car, the individuals in the vehicle all physically turned around and stared at Shanks, prompting him to radio dispatch and run the vehicle’s plates. Shanks received a radio transmission back indicating the vehicle had expired plates. Shanks was unable to stop the vehicle, however, because he was called to assist in another matter.
Later that same day, Shanks was called to the local Wal-Mart store by an off-duty police officer, Casey Ballantyne, who indicated he had observed an individual, Hoyt, purchasing items in the store that could be used in the manufacture of methamphetamine. Ballantyne waited in the parking lot and watched her leave the store and get into the vehicle in question. Ballan-tyne then observed a second individual leave the store and get into the vehicle. Ballantyne called dispatch and asked that an officer be sent for assistance. Shanks arrived shortly thereafter, and while the two officers were talking, Hoyt exited the store and got into the vehicle where the two other individuals had been waiting. Ballantyne pointed out the vehicle to Shanks, who indicated that he had been looking for the same vehicle based upon an the report he received that morning. Shanks pursued the vehicle out of the Wal-Mart parking lot and stopped it in another nearby parking lot. Shanks approached the vehicle and asked the driver for a driver’s license and for proof of insurance. The driver was unable to produce proof of insurance and was arrested and taken into custody for failure to have proof of financial responsibility.
Based upon the driver’s arrest, and in accordance with the police department’s
Hoyt later filed a motion to suppress evidence discovered during the search of the vehicle, Hoyt herself, her belongings, and statements she made during the search. The trial court sustained the motion to suppress. The court found in its order that Shanks had probable cause to stop the vehicle in which Hoyt was riding based upon the report of expired plates he had received that morning. The trial court also found, however, that Shanks failed to make any type of investigation of the alleged violation because he neither physically checked the plates nor asked for a copy of the car’s current registration from the driver. Thus, the trial court concluded that although additional unlawful activity was found, it was not found during the time as reasonably necessary to effectuate the initial purpose of the stop — expired license plates. As such, the trial court determined that the traffic stop lost its lawful character, which would have justified the subsequent investigation, search and seizure. The trial court ultimately sustained the defendant’s motion to suppress evidence. This appeal follows.
Standard of Review
This court’s review of the trial court’s decision concerning a motion to suppress evidence “is limited to a determination of whether there is substantial evidence to support its decision.”
State v. Tackett,
I.
The State argues in its sole point on appeal that the trial court erred in sustaining Hoyt’s motion to suppress because the evidence seized was obtained during a lawful search in that it occurred within the initial period of lawful detention and/or the period of lawful detention as extended by the discovery of proof of the commission of another crime.
The parties do not contest the trial court’s finding that Shanks was legally justified in stopping the vehicle in which Hoyt was a passenger. A routine traffic stop based upon the violation of state traffic laws is a justifiable basis for an investi
The issue in this case is whether the search and seizure of evidence occurred within the period of detention authorized by law. During a traffic stop, an officer may detain the vehicle for the time necessary to conduct a reasonable investigation of the traffic violation.
Woolfolk,
As noted supra, before Shanks stopped the vehicle, he knew from an earlier dispatch that the license plate on the vehicle was expired. He also called dispatch a second time to confirm the expiration of the plates. Thus, there was no question that the initial stop was lawful. Further, Shanks knew from off-duty officer Ballan-tyne that the individuals in the vehicle may have purchased ingredients used to manufacture methamphetamine.
After the stop, Shanks immediately asked the driver for his driver’s license and proof of insurance. Both inquiries are considered part of a reasonable investigation during a traffic stop.
Slavin,
“[P]oliee may inventory property in their possession when they do so in accordance with standard operating procedures.”
State v. Meza,
The conclusion that the detention extended beyond the time reasonably necessary to effectuate the initial purpose of the lawful stop was not correct.
The rationale of Slavin has not been violated under these facts. The detention of the driver and Hoyt did not extend beyond a reasonable period of time, and was based on specific, articulable facts creating an objective, reasonable suspicion of criminal activity.
The judgment of the trial court sustaining Hoyt’s motion to suppress is reversed.
All concur.
Notes
. All statutory references are to RSMo 2000, unless otherwise indicated.
