OFF THE WIRE
copblock.org
The Nevada Supreme Court on Wednesday threw out a traffic stop performed by a
state trooper caught lying in a job application in a way that "would have been
enough to result in his termination." The justices unanimously ruled that Nevada
Highway Patrol Trooper Richard Pickers was in the wrong on November 1, 2009 when
he searched Kent J. Beckman's car without a warrant.
That morning,
Trooper Pickers accused Beckman of driving 72 MPH in a 65 MPH zone on Interstate
80. As he ran a check on Beckman's license and registration, Trooper Pickers
told his partner that he suspected criminal activity because there were
fingerprints on the trunk of Beckman's car. He asked for a drug dog to be sent
out. After the papers turned out to be in order, Trooper Pickers returned them
and handed Beckman a warning.
"Everything checks good," Trooper
Pickers said. "Be careful, it's a long drive."
Before Beckman could
leave, however, Trooper Pickers asked him whether he could search his vehicle.
Beckman refused, so he was told he was no longer free to leave and that he would
have to wait for the drug dog to arrive. The dog alerted and a search of the
vehicle turned up cocaine and methamphetamine. This evidence was found to be
unlawfully obtained after the justices found Trooper Pickering unlawfully
extended the duration of the initial traffic stop based based on a flimsy
pretense.
"The totality of the circumstances here would not cause a
prudent person to have an honest or strong suspicion that Beckman had committed
a crime," Chief Justice Kristina Pickering wrote for the court. "Although
criminals may frequently check contraband in their trunks, many law-abiding
citizens also routinely utilize their trunks for non-suspect reasons, such as
hauling groceries (or in Beckman's case, wine)."
Because of the
intrusive nature of the search, the court said it was appropriate to suppress
the evidence from the extended seizure.
"For these reasons we
conclude as a matter of law that Trooper Pickers unreasonably seized Beckman's
person in violation of the United States and Nevada Constitutions before the
canine sniff and warrantless search ever occurred," Justice Pickering wrote.
"The government cannot benefit from evidence that officers obtained through a
clear violation of an individual's Fourth Amendment rights."
The court
noted other questionable drug dog searches involving Trooper Pickers are pending
before the court. Jethro Lloyd's car was searched without a warrant, even though
it was parked and, according to a district court ruling, there were no exigent
circumstances. Ryan Tucker is also appealing after Trooper Pickers stopped him
for speeding and performed a warrantless search. Both cases remain pending
before the high court.
Nevada v.
Beckman ruling: http://thenewspaper.com/rlc/docs/2013/nv-badcop.pdf
