Colorado v. Gadberry

While patrolling Mesa County, Deputy Stuckenschneider observed a black Dodge pickup driving with a missing front license plate. Stuckenschneider phoned Deputy Briggs, alerting her to the situation. A few days prior, Sergeant Beagley had stopped the same car for being incorrectly registered and for displaying invalid license plates. Briggs knew all of this when she received the alert from Stuckenschneider. Briggs informed defendant Amanda Gadberry that she initiated the stop because of the missing front plate. Gadberry told Briggs that the car indeed had a front plate and, upon inspection, Briggs found the missing plate shoved into the grill of the Dodge, although the car was still improperly registered. While all of this was happening, Beagley, Handler Cheryl Yaws, and dog Talu, who is trained to alert to methamphetamine, cocaine, heroin, and marijuana, arrived on the scene. During the time that it took Briggs to run Gadberry’s plates, Beagley asked Gadberry if there was any marijuana in the vehicle. She said no. Shortly thereafter, Talu sniffed around the car and alerted to the driver and passenger doors. With the benefit of that alert, the officers conducted a search of the car, finding a cellophane wrapper of methamphetamine lodged inside a wallet. Gadberry was then charged with (1) display of a fictitious license plate, (2) possession of drug paraphernalia, and (3) possession of a controlled substance. Gadberry moved to suppress the evidence on four grounds: (1) Briggs didn’t have reasonable suspicion to initiate the stop; (2) the stop was unreasonably prolonged; (3) Talu’s sniff was unlawful because Talu was trained to alert on both marijuana, a legal substance, and illegal substances, such as methamphetamine; and (4) Talu’s sniff was unreliable. The trial court denied claims one and two. The trial court did, however, grant Gadberry’s motion to suppress based on claim three. It followed the court of appeals’ decision in Colorado v. McKnight, 2017 COA 93, __ P.3d __, and found that a sniff is a search when a drug-detection dog can alert to both illegal and legal substances. Here, the trial court found no one presented any evidence suggesting that the vehicle had any illegal substances in it or that Gadberry was aware of all the belongings in the car, especially since multiple people had driven the car in the few days before the stop. Therefore, the trial court reasoned that, under McKnight, the officers on the scene needed reasonable suspicion that Gadberry had been involved in criminal activity to initiate Talu’s sniff. Because the officers here lacked reasonable suspicion to deploy Talu, the court granted the motion to suppress and didn’t reach claim four. The State asked for the Colorado Supreme Court’s review, and the Supreme Court determined the officers needed probable cause to deploy Talu. “They didn’t have it. Accordingly, we affirm the trial court’s suppression order.” View "Colorado v. Gadberry" on Justia Law