State v. Geissler

11 P.3d 1120, 134 Idaho 902, 2000 Ida. App. LEXIS 79
CourtIdaho Court of Appeals
DecidedOctober 5, 2000
Docket25613
StatusPublished
Cited by5 cases

This text of 11 P.3d 1120 (State v. Geissler) 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. Geissler, 11 P.3d 1120, 134 Idaho 902, 2000 Ida. App. LEXIS 79 (Idaho Ct. App. 2000).

Opinion

PERRY, Chief Judge.

Kelly Joe Geissler appeals from a judgment of conviction, entered pursuant to his I.C.R. 11 plea of guilty, for possession of a controlled substance. I.C. § 37-2732(c). Geissler challenges the district court’s denial of his motion to suppress. We affirm.

I.

BACKGROUND

On October 10, 1998, two Boise City police officers responded to a report of possible narcotics use by two men inside a pickup in a parking lot at a fast food restaurant. The dispatch included the pickup’s license plate number. Upon the arrival of the first officer, the two men exited the vehicle and began to walk away. The first officer contacted the individuals and determined that one of them was Kelly Joe Geissler. After being advised that Geissler had an outstanding warrant, the first officer arrested him. 1

Prior to arriving at the scene, the second officer learned of Geissler’s arrest warrant and that the license plate number conveyed in the original dispatch belonged to a Subaru automobile. At the scene, the second officer checked the pickup’s license plate number and confirmed that it matched the license plate number of the Subaru. The second officer proceeded to question Geissler about the pickup’s license plates. Geissler informed the officer that he owned the pickup and had switched the license plates from another one of his vehicles. The second officer continued to investigate the fictitious plates. Because the vehicle was an older model pickup, the vehicle identification number (VIN) was located on the doorjamb and could not be seen through the windshield. Therefore, the second officer opened the driver’s side door of the pickup in order to cheek the VIN. Upon opening the door, the second officer observed in plain view a split-open soda can sitting on the driver’s floorboard. This indicated to the officer narcotics use. The second officer then looked up and saw the first officer conducting a search on the passenger side of the vehicle, and was informed by the first officer that her search *904 had revealed a syringe. 2 A subsequent search of the vehicle yielded heroin and paraphernalia.

Geissler was charged with felony possession of a controlled substance and misdemeanor possession of paraphernalia. The state also alleged that Geissler was a persistent violator. Geissler unsuccessfully moved for suppression of the evidence seized from the pickup. Thereafter, pursuant to an 1.C.R. 11 plea agreement with the state, the paraphernalia charge and the persistent violator allegation were dismissed and Geissler pled guilty to possession of a controlled substance, reserving his right to appeal the denial of his suppression motion.

II.

ANALYSIS

A. Standard of Review

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 were 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).

B. Search for VIN Number

Geissler argues that the denial of his motion to suppress evidence should be overturned on appeal. Geissler asserts that the second officer’s search for the VIN number was unlawful and, therefore, the evidence discovered pursuant to that search should have been suppressed by the district court. The Fourth Amendment requires that all searches and seizures be reasonable. State v. Murphy, 129 Idaho 861, 863, 934 P.2d 34, 36 (Ct.App.1997). Warrantless searches and seizures are considered unreasonable per se unless they come within one of the few specifically established and well-delineated exceptions to the warrant requirement. California v. Acevedo, 500 U.S. 565, 580, 111 S.Ct. 1982, 1991, 114 L.Ed.2d 619, 634 (1991); State v. Henderson, 114 Idaho 293, 295, 756 P.2d 1057, 1059 (1988).

The United States Supreme Court specifically addressed the issue of whether a police officer’s inspection of a car to obtain a VIN violates the Fourth Amendment in New York v. Class, 475 U.S. 106, 106 S.Ct. 960, 89 L.Ed.2d 81 (1986). In Class, the Supreme Court determined that in light of the important role VIN’s play in the pervasive governmental regulation of automobiles, a “motorist must surely expect that ... regulation will on occasion require the State to determine the VIN of his or her vehicle.” Id. at 113, 106 S.Ct. at 965, 89 L.Ed.2d at 89. This fact, coupled with the diminished expectation of privacy inherent in automobiles generally, led the Supreme Court to hold that there is no reasonable expectation of privacy in a VIN. Id. at 114, 106 S.Ct. at 966, 89 L.Ed.2d at 90.

However, the evidence introduced against Class was not the VIN, but a weapon discovered during the officer’s inspection of the VIN. Thus, the Supreme Court went on to analyze whether the actions by the officer in reaching into the automobile were constitutionally permissible. The Court discussed the various safety concerns inherent in a traffic stop, and balanced the governmental interest against that of the individual. The Court noted that the safety of the officers was served by the governmental intrusion, the intrusion was minimal, and the search stemmed from some probable cause focusing suspicion on the individual affected by the search. Id. at 117-18,106 S.Ct. at 967-68, 89 L.Ed.2d at 92-93. Based on the facts of the case, the Court held:

[The] search was sufficiently unintrusive to be constitutionally permissible in light of the lack of a reasonable expectation of privacy in the VIN and the fact that the officers observed respondent commit two traffic violations. Any other conclusion would expose police officers to potentially grave risks without significantly reducing the intrusiveness of the ultimate conduct— *905 viewing the VIN — which, as we have said, the officers are entitled to do as part of an undoubtedly justified traffic stop.

Id. at 119, 106 S.Ct. at 968, 89 L.Ed.2d at 93.

Geissler does not argue that the evidence should be suppressed under the fruit of the poisonous tree doctrine in connection with the first officer’s search. See Wong Sun v. United States, 371 U.S. 471, 83 S.Ct. 407, 9 L.Ed.2d 441 (1963). 3 Geissler’s- sole argument concerns the lawfulness of the second officer’s search of the pickup for the VIN number.

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Bluebook (online)
11 P.3d 1120, 134 Idaho 902, 2000 Ida. App. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-geissler-idahoctapp-2000.