This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
During a traffic stop on September 16, 1996, a police officer stopped the Defendant's vehicle for seat belt violations. The officer discovered the Defendant lacked a valid driver's license and observed the passenger acting nervously. A second officer directed the Defendant to empty his pockets, which led the Defendant to flee and discard marijuana and cocaine. The Defendant was subsequently arrested and charged with drug possession, seat belt violations, and driving without a valid license (paras 2-4).
Procedural History
- District Court, Quay County: Denied the Defendant's motion to suppress evidence of marijuana and cocaine and sentenced him to 364 days for driving without a valid license, among other penalties (headnotes, para 4).
Parties' Submissions
- Defendant-Appellant: Argued that the evidence of marijuana and cocaine was obtained through an unlawful search and unreasonable detention, violating the Fourth Amendment. Additionally, the Defendant contended that the 364-day sentence for driving without a valid license was illegal as it exceeded the statutory maximum of 90 days (paras 1, 5, 18).
- Plaintiff-Appellee: Asserted that the drugs were admissible as they were abandoned by the Defendant during his flight, which constituted a voluntary act purging any taint from the alleged unlawful search (paras 9-10).
Legal Issues
- Was the search of the Defendant's pockets during the traffic stop a violation of the Fourth Amendment?
- Should the evidence of marijuana and cocaine discarded by the Defendant during his flight be suppressed as the fruit of an unlawful search?
- Was the 364-day sentence for driving without a valid license illegal under the applicable statutory provisions?
Disposition
- The Court of Appeals reversed the denial of the Defendant's motion to suppress the drug evidence and remanded the case for further proceedings (para 20).
- The Court vacated the 364-day sentence for driving without a valid license and remanded for resentencing in accordance with the statutory maximum of 90 days (para 20).
Reasons
Per Wechsler J. (Pickard and Bosson JJ. concurring):
Unlawful Search: The Court found that the second officer's directive for the Defendant to empty his pockets exceeded the permissible scope of a Terry search, which allows only a pat-down for weapons when an officer reasonably believes a person may be armed and dangerous. The directive constituted a search without consent, violating the Fourth Amendment (paras 6-8).
Exclusionary Rule: The Court held that the drugs discarded by the Defendant during his flight were the fruit of the unlawful search. The Defendant's flight and discard of the drugs were not voluntary acts but were coerced by the illegal search. The evidence was therefore inadmissible under the exclusionary rule (paras 9-16).
Illegal Sentence: The Court agreed with the Defendant that the 364-day sentence for driving without a valid license exceeded the statutory maximum of 90 days. The sentence was declared illegal and void, and the case was remanded for resentencing (paras 18-19).