State v. Maddox

Judge GUTIERREZ

Dissenting.

I respectfully dissent. I am in general accord with the constitutional analysis articulated in the majority opinion in the area of the Fourth Amendment, but would reach a different conclusion under the totality of the circumstances.

The facts identify a situation that developed and called for Officer Reyes to take action in what might involve injury to an unknown person. Reyes first was approached by Maddox and another individual who indicated that they were searching for a friend that was on foot. Considering this information, along with the time of day involved and the isolated area lacking in utilities, services or traffic, Reyes reasonably believed a search and rescue might be at hand. Reyes’ concern for the missing friend was heightened when he later came upon the car in which Maddox had been traveling earlier and saw it positioned on a hillside, an area denoted as Cycle Park and involving rugged terrain. Reyes believed the friend had been found, perhaps with injury. He approached the Maddox car, and the car proceeded farther up a motorcycle trail. Reyes, taking into account the type of vehicle involved, a 1970s or early 1980s Firebird or Camaro type car and the rough terrain, became concerned that the vehicle would get stuck on the trail. It was reasonable for the officer to anticipate this problem as he was familiar with the difficulties the area posed for non-four-wheel-drive vehicles and especially those having little clearance, such as the Maddox car.

Reyes turned on his overhead lights signaling the Maddox vehicle to stop. Approaching and questioning Maddox, Reyes was primarily concerned for the missing friend and queried Maddox on this, despite Maddox’s disclosure that he was not supposed to be driving. As it turned out, the friend had not been located and the vehicle did not get stuck.

Considering the totality of the circumstances, it was reasonable for Reyes in this instance to be concerned for citizen injury and vehicle problems. The fact that neither resulted does not remove the situation from the community earetaking responsibilities en*827gaged in by law enforcement officers. Furthermore, the parties do not contend that the stop was initiated for the purpose of criminal investigation. Here, in my opinion, the public interest for safety of persons and property outweighed the limited intrusion of stopping the Maddox vehicle. Accordingly, I would uphold the constitutional validity of the stop and the denial of Maddox’s motion to suppress.