COURT UPHOLDS VEHICLE DRUG SEARCH

A Utah Highway Patrol officer did not violate a motorist's constitutional
rights by using a cruiser to block in the man's car before searching it for
drugs, the Utah Court of Appeals has decided.

The decision reverses 4th District Court Judge Ray M. Harding Sr.'s ruling
throwing out a drug charge filed against 44-year-old Kevin R. Gronau.
Harding had ruled Sgt. Paul Mangelson illegally seized the Weber County
man's car when he pulled in behind the vehicle as it sat in a parking space
outside a Nephi restaurant in 1998.

Twenty pounds of marijuana were found in the car's trunk.

The case began when Mangelson pulled Gronau over for speeding Dec. 16,
1998, as Gronau and his 17-year-old son were driving in a rental car on
Interstate 15 just south of Nephi. During the stop, Mangelson ran a
computer check on Gronau's driving status and criminal history.

The first check showed Gronau had a valid driver license. When Gronau told
Mangelson he had to go to the bathroom, Mangelson issued Gronau a written
warning for speeding and told him he was free to go. Mangelson also told
Gronau he would contact him if the second check showed a criminal history.

Mangelson followed Gronau as he pulled away, and the criminal history check
came back showing a 1991 drug arrest. Mangelson then parked his cruiser
behind Gronau's car, which was parked outside a Nephi restaurant.

Once there, Mangelson told Gronau the results of the criminal check and
that he suspected him of transporting narcotics. When Mangelson asked to
inspect the car, Gronau refused, and said he and his son were going to eat
breakfast.

Mangelson told Gronau he planned to call a K-9 unit to inspect the outside
of the car. Gronau told Mangelson to "do whatever you want," and went
inside the restaurant.

A drug-sniffing dog then alerted officers to drugs inside the car. When
Gronau returned, Mangelson told him he was seizing the vehicle and ordered
the car towed to a sheriff's station. A search warrant was obtained and the
drugs were found in a duffel bag in the trunk.

Gronau was charged with possession of marijuana with the intent to
distribute within the presence of a person under 18.

"Mangelson did not meaningfully interfere with Gronau's possessory interest
in his vehicle until after Mangelson had probable cause," William A.
Thorne, Jr. wrote for the court Thursday.

Judge Gregory K. Orme dissented, arguing the circumstances of the situation
clearly established Gronau's car had been seized before the dog arrived.

"Sgt. Mangelson's indication after the initial stop that he intended to
maintain contact with Gronau, his continued surveillance, his subsequent
prolonged partial blocking of the vehicle, and his indication that a
drug-sniffing dog was on its way, sent a clear signal to Gronau that he was
not free to take the vehicle and leave," Orme said.

H. Don Sharp, who represented Gronau in the appeal, said he agreed with Orme.

"I disagree with the opinion that he was free to leave," Sharp said. "I
think if he had tried, Mangelson would have detained him or charged him
with obstruction of justice. What's really scary about this is you can only
nibble away at something for a little while before it's gone, and that's
what's happening to our Fourth Amendment rights."

Sharp said he will ask the Utah Supreme Court to hear an appeal of the
decision.

Assistant Attorney General Marian Decker said her office was pleased with
the decision. "The defendant never tried to move his car. This might have
turned out differently if he had. Having a drug dog come to the car does
not indicate a seizure."