State v. Cook

677 P.2d 522, 106 Idaho 209, 1984 Ida. App. LEXIS 425
CourtIdaho Court of Appeals
DecidedFebruary 8, 1984
Docket13876
StatusPublished
Cited by41 cases

This text of 677 P.2d 522 (State v. Cook) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cook, 677 P.2d 522, 106 Idaho 209, 1984 Ida. App. LEXIS 425 (Idaho Ct. App. 1984).

Opinions

SWANSTROM, Judge.

Minutes after the robbery of a Circle K store in Boise, Lee Cook and a companion were apprehended by several Boise police officers. The officers searched Cook and found a wad of money in his pocket. They also found a loaded .22 caliber revolver in his car. Cook was convicted of the robbery and sentenced to an indeterminate twenty-year prison term. He has appealed from the judgment of conviction. We affirm.

Three issues are raised on appeal: (1) whether the district court erred in refusing to suppress the wad of money seized from Cook; (2) whether the court erred in admitting evidence that the gun found in Cook’s car had been stolen; and (3) whether the conviction must be reversed because the state made indirect references to Cook’s prior felony conviction after the court had ruled that such evidence was not admissible.

On the evening of August 31, 1979, Detective Charles French was parked in an unmarked vehicle near a NuWay Foods store in Boise when he observed a man walking from the direction of that store. The man passed within a few feet of the officer. He was wearing a stocking cap and a leather jacket with a fleece-type lining. This person, later identified as Lee Cook, got into the passenger side of a yellow Toyota sedan. That car was not parked in the store lot, but on the street about three-quarters of a block from the store. These observations piqued the officer’s interest, partly because the cap and jacket worn by the man appeared inappropriate for such warm weather.

French decided to pursue the car. He followed it for some time, but, not wanting to alert the occupants, he broke off contact. After driving a block or so, he turned around and sought to re-establish contact with the car. Unable to find it, he returned to the area near the grocery store where he found two uniformed officers, Schuler and Marcum. He told them what he had seen.

Schuler, in an attempt to locate the car, drove toward the area where it had last been seen. While en route, he heard a radio transmission stating that a robbery had just occurred at a Circle K store only two blocks from where French had lost sight of Cook’s car. None of the officers who testified at trial were able to recall exactly what was said in that transmission. Apparently the only information relayed initially was that a robbery had occurred. No description of the robber or his car was given because no officer had yet talked with the witnesses at the scene.

After hearing of the robbery, Schuler and Marcum transmitted the information they had received from French. Soon afterwards Officer Virgil Brown observed a yellow Toyota sedan and began to follow it. Officers Likes and Ellsworth, in another police car parked nearby, also noticed the suspects’ car. Ellsworth saw the car stop at a corner to pick up a young female hitchhiker. Ellsworth and Likes, together with another officer, then joined Brown in pursuit. The officers in all three police cars activated their overhead lights in an attempt to stop the Toyota. When it did not stop, Brown turned on his siren. The Toyota proceeded several hundred yards further, then turned a corner before stopping. At no time did it speed or attempt to escape the pursuing police cars.

When the Toyota finally stopped, Cook emerged from the passenger side and began to walk away slowly. He was not wearing either his coat or stocking cap at this time. Several officers, with drawn weapons, warned Cook to stop. Ellsworth ordered him to put his hands on his head and walk back towards his car. When Cook complied, Ellsworth noticed a green ski mask hanging out of his left rear pants pocket. He seized the mask and reached into Cook’s right front pants pocket, extracting a wad of crumpled paper money. [214]*214Cook was then handcuffed and placed in a police car.

Just before arriving at the Circle K, Officer Schuler heard a transmission from Officer Brown that he and others had stopped the car described by French. After talking for several minutes with the witnesses to the robbery, Schuler transmitted a description of the robber to the officers who had stopped the car. The robber had worn a ski mask and a coat with a fleece-type lining, and was missing some fingers. Cook was missing fingers on his right hand. This last transmission occurred after Cook had been arrested.

Following Cook’s arrest, Ellsworth approached the Toyota from the passenger side. The front door was open and Ells-worth noticed a brown leather coat hanging over the gear shift. On the floorboard directly behind the passenger seat, he observed a .22 caliber revolver. Ellsworth picked up the gun, examined it and returned it to the floor of the car. The officers impounded the car and later obtained a warrant to search it. The gun, coat, money and ski mask, as well as other items, were introduced into evidence against Cook at his trial. Cook moved to suppress all of this evidence. The district court denied the motion. On appeal, Cook contends only that the money was illegally seized and admitted into evidence.

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Bluebook (online)
677 P.2d 522, 106 Idaho 209, 1984 Ida. App. LEXIS 425, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cook-idahoctapp-1984.