The Kansas Supreme Court has affirmed a decision by District Court Judge Jeffry Larson to suppress evidence obtained during a stop of a recreational vehicle on Interstate Highway 35 north of the Kansas Turnpike interchange. The high court was asked to review a Kansas Court of Appeals ruling from 2007.
The evidence — cocaine, marijuana and drug paraphernalia — was discovered after Lyon County Deputy Cory Doudican had stopped the vehicle for a traffic offense as he was attempting to return a hubcap that had bounced off a motor home occupied by Peter J. and Desiree M. Marx.
The Marxes had been charged with possession of the drugs and drug paraphernalia, as well as having no drug tax stamp.
Larson suppressed the evidence on the grounds that the initial stop of the Marx RV was not justified as a public safety or community caretaking stop.
“The Court affirms a Lyon County District Court decision suppressing evidence obtained during the stop of a recreational vehicle because there was not reasonable suspicion to make the stop in view of the evidence that the reason for the stop was a single instance in which the RV cross a highway fog line and over-corrected and crossed the centerline,” Johnson wrote of the unanimous decision by the court.
The incident had begun when a hubcap bounced off the Marx RV at Milepost 127 at the Kansas Turnpike and rolled past the officer, who was providing roadside assistance to another motorist at the time.
Doudican retrieved the hubcap and followed the Marx motor home for approximately one-half to one mile until he “noticed that the motorhome crossed the fog line, which is a solid white line, overcorrected and crossed the center line,” Johnson wrote in the opinion.
Doudican then switched on his emergency lights and conducted a traffic stop. As he handed the hubcap to Peter Marx through a half-open window, he detected “a brief smell of burnt marijuana.”
“... (S)ubsequent events led to a search of the motor home and the discovery of drugs and paraphernalia. The Marxes also made post-Miranda incriminating statements.”
In court, they filed a motion to suppress all physical and testimonial evidence, challenging both the initial vehicle stop and the extended detention.
Larson found that the deputy was not motivated by a desire to return the hubcap and the initial detention was not justified as a public safety stop.
“Next, the district court found that the deputy did not have reasonable suspicion that Desiree (Marx, the driver) had violated K.S.A. 8-1522, failure to maintain a single lane, and that the deputy had not testified that he stopped the vehicle for a violation of ... failure to signal a turn.”
The Court of Appeals rejected the prosecution’s appeal on the traffic violation but agreed that the stop was lawfully supported by reasonable suspicion of criminal activity.
The state Supreme Court affirmed the district court’s decision and rejected the appellate court’s contention that the stop was supported by reasonable suspicion of criminal activity.
countrydog (anonymous) says...
is this the motor home that was missing from impound?
September 22, 2009 at 11:18 a.m. ( permalink | suggest removal )