State v. Charpentier

962 P.2d 1033, 131 Idaho 649, 1998 Ida. LEXIS 93
CourtIdaho Supreme Court
DecidedJuly 17, 1998
Docket23417
StatusPublished
Cited by46 cases

This text of 962 P.2d 1033 (State v. Charpentier) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Charpentier, 962 P.2d 1033, 131 Idaho 649, 1998 Ida. LEXIS 93 (Idaho 1998).

Opinions

SCHROEDER, Justice.

This case is on appeal from the district court’s order suppressing evidence seized pursuant to a warrantless search of an automobile subsequent to the arrest of the driver. The district court granted the motion to suppress on the basis that Article I, § 17 of the Idaho Constitution provides greater protection against a warrantless search incident to arrest than does the Fourth Amendment of the U.S. Constitution. The Court of Appeals reversed the decision of the district court, and this Court granted review. The case is before the Court upon the State’s petition for rehearing of this Court’s prior opinion affirming thp district court’s decision.

I.

BACKGROUND AND PRIOR PROCEEDINGS

The parties do not dispute the facts as stated by the district court:

On August 31, 1994, Officer J. Mabey of the Lewiston Police Department, at approximately 2:00 p.m., observed a small white vehicle traveling at approximately 53 m.p.h. in a 35 m.p.h. speed zone. When Mabey stopped the car, he discovered that the driver’s, Charpentier, driving privileges were suspended and further determined that her restricted license did not [651]*651extend to the period during which she was stopped. As a result, Charpentier was arrested for driving without privileges. She was handcuffed and placed in Mabey’s patrol car. Mabey then returned to Charpentier’s vehicle and, relying upon the search incident to arrest exception to the warrant requirement, searched the car and found a small amount of substance resembling marijuana and two plastic straws. He also found and opened a small pouch which in turn contained a plastic baggie in which a yellow-white substance and two plastic straws were found. The latter substance tested positive as Methamphetamine. Charpentier was charged with Possession of a Controlled Substance____

Charpentier moved to suppress use of the methamphetamine as evidence. The issue considered by the district court was “[w]hen a defendant, following a traffic stop, has been removed from a vehicle, handcuffed and placed in a patrol ear, does Idaho Const. Art. I, § 17 permit a search of the passenger compartment of a vehicle, including containers, as an incident of that traffic arrest?” The district court ruled that although the search was permissible under the U.S. Constitution as interpreted in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), a “review of cases satisfies this Court that the issue of state constitutional protection has not been examined at the appellate level.” The district court granted the motion to suppress, holding that protections under Article I, § 17 of the Idaho Constitution prohibited the search. The Court of Appeals reversed, finding that the Idaho Supreme Court implicitly addressed this issue in State v. Smith, 120 Idaho 77, 813 P.2d 888 (1991), when it stated that “Idaho has adopted the rule in Belton.” Id. at 80, 813 P.2d at 891 (citing State v. Calegar, 104 Idaho 526, 661 P.2d 311 (1983)). This Court granted Charpentier’s petition for review.

II.

STANDARD OF REVIEW

When considering a case on review from the Court of Appeals, this Court gives serious consideration to the views of the Court of Appeals; however, this Court reviews the trial court’s decision directly. State v. Avelar, 129 Idaho 700, 702, 931 P.2d 1218, 1220 (1997). In other words, this Court is not merely reviewing the correctness of the Court of Appeals’ decision; rather this Court is hearing the matter as if the case were on direct appeal from the trial court’s decision. State v. Weaver, 127 Idaho 288, 290, 900 P.2d 196, 198 (1995) (citing Valley Bank v. Stecklein, 124 Idaho 694, 696, 864 P.2d 140, 142 (1993)).

The facts in this case are not in dispute. This Court engages in a free review of whether the trial court correctly applied the law to the facts. State v. Peightal, 122 Idaho 5, 7, 830 P.2d 516, 518 (1992); State v. Weber, 116 Idaho 449, 451-52, 776 P.2d 458, 460-61 (1989).

III.

THE EVIDENCE WAS VALIDLY SEIZED PURSUANT TO A SEARCH INCIDENT TO THE ARREST.

In New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981), the United States Supreme Court dealt with the question of whether, in the course of a search incident to the lawful custodial arrest of the occupants of an automobile, police may search inside the automobile after the arrestees are no longer in it. In Belton, a state policeman stopped a speeding automobile with four occupants. The officer directed the men to get out of the car and placed them under arrest for the unlawful possession of marijuana. The officer then searched the passenger compartment of the automobile where he found a jacket with cocaine inside a zipped pocket. The owner of the jacket, Belton, moved to suppress the cocaine that the officer had seized. The Supreme Court determined that the search was valid, stating that:

[W]e hold 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.
It follows from this conclusion that the police may also examine the contents of [652]*652any containers found within the passenger compartment, for if the passenger compartment is within reach of the arrestee, so also will containers in it be within his reach. Such a container may, of course, be searched whether it is open or closed, since the justification for the search is not that the arrestee has no privacy interest in the container, but that the lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have.

Id. at 460-61, 101 S.Ct. 2860 (citations omitted).

The district court found, and Charpentier agrees, that the search in this case was valid under the United States Supreme Court’s interpretation of the Fourth Amendment to the U.S. Constitution. However, the district court determined that Article I, § 17 of the Idaho Constitution provides greater protection to privacy rights and that, consequently, the search of Charpentier’s ear was invalid under the Idaho Constitution. This Court disagrees with the district court and concludes that the rule enunciated in Belton is the proper interpretation of what protections are provided by Article I, § 17 of the Idaho Constitution for the reasons set forth in Belton and additional considerations not articulated in that opinion. Consequently, the search of Charpentier’s ear was valid under the Idaho Constitution.

It is unlikely that there is any area of activity that places the police and public in contact with one another on a recurring basis more than the operation of a motor vehicle.

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Bluebook (online)
962 P.2d 1033, 131 Idaho 649, 1998 Ida. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-charpentier-idaho-1998.