United States District Court, D. Utah
MEMORANDUM DECISION AND ORDER DENYING DEFENDANT'S
MOTION TO SUPPRESS
HONORALBE JILL N. PARRISH United States District Court Judge
Judge Jill N. Parrish Defendant John Elisha Mayville filed a
motion to suppress. Following an evidentiary hearing, the
parties briefed the legal issues raised by the motion. Mr.
Mayville argues that the traffic stop conducted by the Utah
Highway Patrol troopers was unreasonably prolonged, thereby
resulting in a Fourth Amendment violation and a warrantless
search. Based on the evidence and case law relating to these
issues, the court hereby DENIES Mr. Mayville's motion to
suppress. [Docket 40]
FINDINGS OF FACT
May 6, 2016, Trooper Jason Tripodi stopped a red Audi for
speeding on I-70. It was going 71 miles per hour in a
Trooper Tripodi approached the vehicle, made contact with Mr.
Mayville, and spoke to him about his speeding. Mr. Mayville
stated that he was travelling to Grand Junction, Colorado,
from Lake Havasu, Arizona.
Trooper Tripodi's initial contact with Mr. Mayville
lasted a couple of minutes. During this initial contact,
Trooper Tripodi asked for Mr. Mayville's license,
registration, and proof of insurance. While Mr. Mayville searched
for these documents, Trooper Tripodi observed that he
“had a lot of trouble coming up with that requested
paperwork.” Trooper Tripodi noted that the length of
time he spent at the passenger side window was due to Mr.
Mayville searching for the paperwork. Trooper Tripodi observed
that Mr. Mayville seemed like he “was drowsy, or
something was wrong, something was up.” Mr. Mayville
“seemed confused almost” and Trooper Tripodi
noticed that Mr. Mayville “wasn't able to multitask
like a normal individual would be able
to.” Trooper Tripodi asked Mr. Mayville on
multiple occasions if he was okay, based on his interaction
Trooper Tripodi became concerned that Mr. Mayville may be
impaired or drowsy.
Trooper Tripodi asked Mr. Mayville if he would mind coming
back to his vehicle to talk to him while he filled out his
paperwork. Mr. Mayville declined this invitation.
Trooper Tripodi returned to his vehicle and began filling out
the paperwork for the stop. He also radioed dispatch in
order to run a records check on Mr. Mayville. Trooper Tripodi
requested that dispatch run Mr. Mayville's license and
check for warrants. Trooper Tripodi conducted this check
through dispatch because the UHP computers in patrol cars
cannot conduct a complete warrant check.
About a minute later, Trooper Tripodi radioed for a Narcotic
Detector Dog (NDD) and handler.
After radioing dispatch for records and for a NDD, Trooper
Tripodi continued filling out a citation for Mr. Mayville,
including “attempting to figure out whose vehicle it
was because [Mr. Mayville] had no registration
Approximately four minutes later, prior to dispatch returning
any records check information on either Mr. Mayville or the
vehicle, Trooper Mackleprang arrived with his
Once Trooper Mackleprang arrived, Trooper Tripodi briefly
informed him about what had occurred. Trooper
Mackleprong then walked up to Mr. Mayville's car and
asked him to exit the vehicle so that he could run his NDD
around the car. Mr. Mayville refused. Trooper
Mackleprang observed that Mr. Mayville had delayed reactions,
“almost like a blank stare, ” which caused him to
suspect that Mr. Mayville was impaired.
Trooper Macklprang requested Trooper Tripodi's
assistance. The two troopers convinced Mr. Mayville
to exit the vehicle, and Trooper Tripodi patted Mr. Mayville
down to check for weapons. Trooper Tripodi instructed Mr.
Mayville to stand on the side of the road a few feet in front
of the vehicle.
NDD sniffed around the vehicle and alerted to the presence of
After the NDD had alerted to the presence of narcotics in the
vehicle, dispatch returned the information about Mr. Mayville
and his vehicle, indicating that Mr. Mayville had a criminal
Trooper Mackleprang explained to Mr. Mayville that his NDD
had indicated to the odor of narcotics, at which point Mr.
Mayville stated, “there's no way, there's no
way.” The troopers explained that they were
going to search the vehicle and moved Mr. Mayville to Trooper
troopers conducted a search and found two handguns and a
homemade suppressor inside the engine area (one wrapped in a
cloth bag, another vacuum sealed with the suppressor); a
yellow plastic container with three packages of
methamphetamine, totaling approximately one pound (453 grams)
behind the carpeted wall of the trunk on the passenger side;
and another ...