State v. Champagne

52 P.3d 321, 137 Idaho 677
Idaho Court of Appeals·Decided May 20, 2002·No. No. 27037·Published·Cited by 4 cases

Opinion

PERRY, Chief Judge.

Terena Champagne appeals from her judgments of conviction for possession of methamphetamine and possession of drug paraphernalia. Champagne argues the district court erred when it denied her motion to suppress and found that the search of her vehicle was a lawful search incident to arrest. We affirm.

Champagne was driving to a grocery store at approximately 3 a.m. when an officer traveling in the opposite direction passed her and noticed that her front license plate was missing. The officer, realizing that the state of Idaho requires all vehicles to display both a front and rear license plate,1 turned around and followed Champagne’s vehicle into the store parking lot. The officer did not activate his overhead lights, but followed Champagne until she parked her car in front of the store. The officer stopped his patrol car approximately 20 to 30 feet behind Champagne’s car in one of the parking lot’s lanes of traffic.

As Champagne exited her vehicle, the officer approached her. Champagne stood in the area between the open driver’s door and the interior of the car as the officer announced who he was and asked where the vehicle’s front license plate was. Champagne stated that the car was a gift and that she was still in the process of registering the vehicle. The officer asked Champagne if she had her driver’s license, vehicle registration, and proof of insurance. Champagne was only able to produce her driver’s license and, after giving it to the officer, asked if she could go into the store to do her shopping. The officer retained the driver’s license and allowed Champagne to enter the store.

While Champagne was in the store, the officer asked the police dispatcher to run a check on Champagne’s name. The dispatcher reported that Champagne’s driving privileges in Idaho were suspended. When Champagne returned from the store the officer asked her if she knew her driving privileges were suspended. Champagne responded that she was aware of that. This conversation took place approximately 2 to 3 feet away from Champagne’s car. The officer placed Champagne under arrest for driving without privileges and placed her in the back of his patrol car.

The officer then searched Champagne’s car and found methamphetamine and drug paraphernalia. Champagne was charged with possession of a controlled substance, 1.C. § 37-2732(c)(l); possession of drug paraphernalia, I.C. § 37-2734A; and driving without privileges (DWP), I.C. § 18-8001. Champagne filed a motion to suppress the items seized from her car arguing that, pursuant to this Court’s opinion in State v. Foster, 127 Idaho 723, 905 P.2d 1032 (Ct.App.1995), the search of her car was not a valid search incident to arrest. The district court denied the motion, concluding that it was a valid search. A jury trial was held, and Champagne was found guilty of all three offenses. Champagne appeals.2

The standard of review of a suppression motion is bifurcated. When a decision on a motion to suppress is challenged, we accept the trial court’s findings of fact which are supported by substantial evidence, but we freely review the application of constitutional principles to the facts as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App.1996). At a suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts, weigh evidence, and draw factual inferences is vested in the trial court. State v. Valdez-Molina, 127 Idaho 102, 106, 897 P.2d 993, 997 (1995); State v. Schevers, 132 Idaho 786, 789, 979 P.2d 659, 662 (Ct.App.1999).

Champagne does not allege that the Idaho Constitution provides any greater coverage in this case than the United States [679] Constitution, so we will consider her claims in light of the law interpreting the United States Constitution. The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Warrantless searches are presumed to be unreasonable and therefore violative of the Fourth Amendment. State v. Weaver, 127 Idaho 288, 290, 900 P.2d 196, 198 (1995). The State may overcome this presumption by demonstrating that a warrantless search either fell within a well-recognized exception to the warrant requirement or was otherwise reasonable under the circumstances. Id. A search incident to lawful arrest is among the well-recognized exceptions to the Fourth Amendment’s warrant requirement. Chimel v. California, 395 U.S. 752, 762-63, 89 S.Ct. 2034, 2039-2040, 23 L.Ed.2d 685, 693-694 (1969); State v. McIntee, 124 Idaho 803, 804, 864 P.2d 641, 642 (Ct.App.1993).

Champagne contends that the district court erred in denying her motion to suppress. She argues that in Foster, this Court extended the rule enunciated in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981)—allowing the search of a vehicle and its passenger compartment incident to an arrest—to only those situations where a defendant is occupying a vehicle when contact between the police and a defendant is initiated. Champagne asserts that she had opened the car door, was standing between the open car door and the interior of the car at the time the officer first spoke to her, and was not occupying the vehicle when contact was initiated. Champagne challenges only the reasonableness of the search, not the legality of her arrest.

In Belton, the United States Supreme Court held that “when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile.” Id. at 460, 101 S.Ct. at 2864, 69 L.Ed.2d at 775 (footnote omitted). The Court also extended the right to search incident to arrest to any containers found within the passenger compartment of the vehicle if the passenger compartment is within the reach of the arrestee. Id. Idaho courts have adopted the Belton rule. See State v. Calegar, 104 Idaho 526, 530, 661 P.2d 311, 315 (1983).

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State v. Champagne, 52 P.3d 321, 137 Idaho 677 (Idaho Ct. App. 2002).

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