Emporia Kansas Crooked Cop

Blast Zone No. 49991 - 0 Comments
Set Up On:
Category: Police - State
Old Patrol Address:
Lyon County Sheriffs Office
Emporia, Kansas 66801


Around 1:00 p.m. on September 22, 2006, Deputy Cory

Doudican a certified canine handler with the Lyon County Sheriffs Office

was parked in his patrol vehicle, a 2004 Chevrolet Tahoe, at the Kansas

turnpike exit for Emporia. He was observing traffic when he noticed a teal

green Chevrolet extended cab truck drive through the toll gate. He could

not read the back license plate on the truck as it passed his observation

point. As captured on the video recording, Deputy Doudican immediately

started following the truck with his patrol vehicle and came within two to

three car lengths of the truck. Still unable to read the state name on the

license plate from this position, the Deputy activated his emergency lights.

The truck pulled over to the shoulder of the road between mileposts 127

and 128 on I-35 in Lyon County, Kansas.

Exiting his patrol vehicle and approaching on foot, he was able

to make out that the state name on the license plate was Illinois. The

video recording shows the Deputy looking at the license plate as he walked

between the vehicles approximately within five to ten feet of the license


A photograph taken sometime later from a position directly

Case 5:06-cr-40129-SAC Document 18 Filed 04/30/07 Page 2 of 23


behind the truck shows a black frame around the license plate obscuring

the state name and making it difficult to read. This dealers frame covers

most of the top half of the state name. Large white letters on that section

of the black frame extend over the license plate.

At the hearing, Deputy Doudican testified that the height of this

patrol vehicle may have contributed to his inability to read the state name

on the license plate. Deputy Doudican never was asked to explain his

opinion. From its subsequent viewing of the video recording of the traffic

stop and the photograph of the license plate admitted at the hearing, the

court finds nothing that visually confirms a factual basis for the deputys

opinion. The video recording never shows the hood of the patrol vehicle to

have ever blocked the deputys vision of the trucks license plate. Nor does

the video recording evidence anything about the height or angle of the

deputys viewpoint to have interfered with seeing the license plate. In fact,

the license plate on the truck appears higher off the ground than most

license plates typically mounted on passenger cars. The height of the

patrol vehicle could not have contributed substantially or significantly to the

deputys inability to read the state name on the trucks rear license plate.

As Deputy Doudican walked to the trucks passenger door, he

Case 5:06-cr-40129-SAC Document 18 Filed 04/30/07 Page 3 of 23


smelled antifreeze and noticed a liquid coming from underneath the truck.

The deputy testified that the scope of his traffic stop now included

determining whether the vehicle could safely continue on the highway and

whether the driver was aware of this safety issue. The deputy decided to

process the traffic stop first before addressing the vehicle safety issue.

The deputy explained to the defendant the reason for the stop was the

illegible license plate.

The deputy asked for the defendants license, registration and

proof of insurance. The defendant produced an Arizona drivers license.

Because of the Illinois license plate, the deputy asked whether the

defendant owned the truck. The defendant said he was buying the truck

from a good friend in Illinois, so the deputy asked for the friends name.

The defendant answered that he knew his friends nickname only. During

this exchange, the defendant appeared excessively nervous, as the deputy

could see the defendants arm visibly shaking. The defendant told the

deputy that he was taking the truck back to his friend in Chicago, as he

didnt want the truck anymore. The deputy noticed a prepaid cell phone on

the seat next to the defendant. The defendant placed the phone in his

breast pocket after seeing the officer notice it. The deputy testified that

Case 5:06-cr-40129-SAC Document 18 Filed 04/30/07 Page 4 of 23


prepaid phones are commonly used in drug trafficking trips because they

are untraceable. The deputy inquired about the length of the defendants

expected stay, and the defendant said one week. The deputy observed

that the single piece of small luggage in the truck was inconsistent with

such travel plans. The deputy also noticed that the defendant completely

avoided making any eye contact which is atypical behavior during a normal

traffic stop. The deputy saw a tool set on the floor board.

At this point, Deputy Doudican was suspicious that the vehicle

contained contraband based on the above following factors: the

defendants excessive nervousness and lack of eye contact, the

unlikelihood of someone with a Arizona drivers license driving a vehicle

registered in Illinois, the defendants inability to recall his friends name who

was selling him the truck, the smell of antifreeze and presence of a fluid

apparently leaking from the engine, the small amount of luggage for the

stated travel plans, and the presence of a boost phone which the defendant

placed in his front pocket upon the deputy noticing it.

The deputy radioed dispatch with the Illinois registration and

license information. Deputy Doudican then instructed the defendant to roll

up the trucks windows and step out of the truck and stand some distance

Case 5:06-cr-40129-SAC Document 18 Filed 04/30/07 Page 5 of 23


from the truck as he would be deploying his drug-detection canine along

the trucks exterior. As he was taking his dog from the patrol vehicle,

Deputy Doudican learned from the dispatch that the Illinois registration was

not on file. While waiting for dispatch to complete the other computer

checks and to provide him with those results, the Deputy walked his dog

around the truck and observed alerts at the front and rear of the truck. The

dog alerts occurred less than four minutes after the Deputy finished

providing dispatch with the information needed for the computer check on

the defendant and the registration and license. With the assistance of a

Kansas Highway Patrol trooper, the deputy searched the truck finding

evidence of a hidden compartment in the radiator. Escorted by both

officers, the defendant drove the truck to an automobile repair shop where

the radiator was removed and five packages of cocaine were found inside

of the radiator.

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