State v. Doohen

2006 ND 239, 724 N.W.2d 158, 2006 N.D. LEXIS 252, 2006 WL 3411109
CourtNorth Dakota Supreme Court
DecidedNovember 28, 2006
Docket20060089
StatusPublished
Cited by19 cases

This text of 2006 ND 239 (State v. Doohen) is published on Counsel Stack Legal Research, covering North Dakota 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. Doohen, 2006 ND 239, 724 N.W.2d 158, 2006 N.D. LEXIS 252, 2006 WL 3411109 (N.D. 2006).

Opinions

MARING, Justice.

[¶ 1] The State of North Dakota appeals the trial court’s order suppressing evidence found during a search of Tyler Doohen’s vehicle after a Highway Patrol Trooper viewed butane lighters and syringes in a tote bag next to Doohen on the front passenger’s seat. The State claims the butane lighters and syringes gave the trooper probable cause to search the vehicle. We reverse the trial court’s order suppressing the evidence found in Doo-hen’s vehicle and remand for further proceedings.

I

[¶2] On February 28, 2005, Highway Patrol Trooper Roger Clemens received a dispatch about a vehicle that was being driven erratically on the interstate. Clemens responded to the call and stopped the vehicle. Clemens asked Tyler Doohen, the driver, for his license and registration, and advised Doohen of the reason for the stop. Doohen stated he was driving erratically because of problems with his tires.

[¶ 3] Clemens suspected Doohen was driving under the influence, but Clemens did not detect signs of alcohol consumption to substantiate his suspicion. Clemens noticed a tote bag next to Doohen on the front passenger’s seat that contained butane lighters and syringes. The butane fighters were of a higher grade and disposable. The syringes, which were wrapped in plastic, were sticking out of the tote bag’s pockets. Clemens did not notice whether the syringes were medicinal or hypodermic syringes. Clemens testified he knew, based on his training and experience, butane fighters are frequently used in drug production and use, and syringes are often used to inject drugs. Clemens took Doohen to his patrol vehicle and [160]*160asked Doohen about the items in the tote bag. Doohen indicated the syringes were used to spray water. At some point, Doo-hen mentioned to Clemens that he did glass blowing and glass sculptures. Doo-hen did not consent to a search of his vehicle. Clemens placed Doohen in the backseat of the patrol vehicle. Clemens waited for Sergeant Eldon Mehrer to arrive before taking further action. Clemens and Mehrer then searched Doohen’s vehicle. Items in the tote bag caused them to call the canine unit.

[¶ 4] Clemens had a camera in his vehicle when he pulled Doohen over, but did not take any pictures of the tote bag. Clemens did not present the tote bag as evidence because it was returned to Doo-hen’s mother. The syringes were not sent to the state laboratory because the laboratory does not accept unused items. Clemens believes pictures were taken of the syringes, but did not have them at the suppression hearing. The butane lighters and syringes were disposed of and, therefore, unavailable for the suppression hearing.

[¶ 5] During the search, Clemens found a metal tray with residue on it in the tote bag. The tray was sent to the state laboratory where the residue was determined to be methamphetamine. Clemens also found a machete covered with a sleeping bag.

[¶ 6] Doohen was charged with carrying a concealed weapon and possession of drug paraphernalia. Doohen moved to suppress the items found in his vehicle. The trial court granted Doohen’s motion to suppress the evidence, finding the State did not establish probable cause to search Doohen’s vehicle. The State appeals.

II

[¶ 7] The State argues the evidence seized from Doohen’s vehicle was improperly suppressed because Clemens had probable cause to search the vehicle.

[¶ 8] As we recently explained in State v. Graf, 2006 ND 196, ¶ 7, 721 N.W.2d 881 (citations omitted):

In reviewing a district court’s decision on a motion to suppress evidence, we defer to the district court’s findings of fact and resolve conflicts in testimony in favor of affirmance. We will affirm a district court’s decision on a motion to suppress if there is sufficient competent evidence fairly capable of supporting the trial court’s findings, and the decision is not contrary to the manifest weight of the evidence. Our standard of review recognizes the importance of the district court’s opportunity to observe the witnesses and assess their credibility. Questions of law are fully reviewable on appeal, and whether a finding of fact meets a legal standard is a question of law.

[¶ 9] Unreasonable searches and seizures are prohibited by the Fourth Amendment to the United States Constitution and Article I, Section 8, of the North Dakota Constitution. State v. Woinarowicz, 2006 ND 179, ¶ 21, 720 N.W.2d 635. A warrantless search is unreasonable unless it falls within a recognized exception to the warrant requirement. State v. Genre, 2006 ND 77, ¶ 17, 712 N.W.2d 624. The automobile exception is a well-established exception to the warrant requirement. State v. Haibeck, 2004 ND 163, ¶ 10, 685 N.W.2d 512; Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. 543 (1925).

[¶ 10] Under the automobile exception, law enforcement may search for illegal contraband without a warrant when probable cause exists. Haibeck, 2004 ND 163, ¶ 10, 685 N.W.2d 512. “Probable cause to search exists if it is established that certain identifiable objects are proba[161]*161bly connected with criminal activity and are probably to be found at the present time at an identifiable place.” Roth v. State, 2006 ND 106, ¶ 13, 713 N.W.2d 513. “[I]f the search of an automobile without warrant is made upon probable cause, based upon a reasonable belief arising out of the circumstances known to the officer — -that the automobile contains articles which are subject to seizure — the search is valid.” State v. Gregg, 2000 ND 154, ¶ 33, 615 N.W.2d 515. In Gregg, we held the automobile exception applied when an officer discovered a controlled substance when seizing a syringe that was on the floor next to the suspect’s feet. Id. at ¶¶ 34-35. The totality of the circumstances is reviewed when determining the presence of probable cause. Roth, 2006 ND 106, ¶ 13, 713 N.W.2d 513

[¶ 11] “[A] police officer may draw inferences based on his own experience in deciding whether probable cause exists.” Ornelas v. United States, 517 U.S. 690, 700, 116 S.Ct. 1657, 134 L.Ed.2d 911 (1996). Clemens was trained to identify drug paraphernalia. Drug paraphernalia includes “[h]ypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body.” N.D.C.C. § 19-03.4-01(11). Clemens used his training and experience to conclude that the butane lighters and syringes were probably connected with criminal activity. Clemens knew butane lighters can be used as paraphernalia in the production and use of drugs, and that syringes are used to inject drugs. Based on Clemens’ training and experience that the presence of butane lighters and syringes indicated the probability of criminal activity, Clemens had probable cause to search Doohen’s vehicle.

[¶ 12] “Probable cause demands not that an officer be sure or certain but only that the facts available to a reasonably cautious man would warrant a belief that certain items may be contraband or stolen property or useful as evidence of a crime.” United States v. Weinbender, 109 F.3d 1327, 1330 (8th Cir.1997) (citations omitted).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Medina
2026 ND 45 (North Dakota Supreme Court, 2026)
State v. Bolme
2020 ND 255 (North Dakota Supreme Court, 2020)
State v. Odum
2019 ND 105 (North Dakota Supreme Court, 2019)
State v. Lark
2017 ND 251 (North Dakota Supreme Court, 2017)
State v. Leavitt
2015 ND 146 (North Dakota Supreme Court, 2015)
State v. Williams
2015 ND 103 (North Dakota Supreme Court, 2015)
State v. Otto
2013 ND 239 (North Dakota Supreme Court, 2013)
State v. Wacht
2013 ND 126 (North Dakota Supreme Court, 2013)
State v. Morin
2012 ND 75 (North Dakota Supreme Court, 2012)
Fetzer v. Workforce Safety and Insurance
2012 ND 73 (North Dakota Supreme Court, 2012)
State v. Sommer
2011 ND 151 (North Dakota Supreme Court, 2011)
Interest of K.B., a child
2011 ND 152 (North Dakota Supreme Court, 2011)
State v. Dudley
2010 ND 39 (North Dakota Supreme Court, 2010)
State v. Zwicke
2009 ND 129 (North Dakota Supreme Court, 2009)
State v. Skarsgard
2007 ND 160 (North Dakota Supreme Court, 2007)
State v. Washington
2007 ND 138 (North Dakota Supreme Court, 2007)
State v. Doohen
2006 ND 239 (North Dakota Supreme Court, 2006)
Silbernagel v. Silbernagel
2006 ND 235 (North Dakota Supreme Court, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
2006 ND 239, 724 N.W.2d 158, 2006 N.D. LEXIS 252, 2006 WL 3411109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-doohen-nd-2006.