State v. Keene

174 P.3d 885, 144 Idaho 915, 2007 Ida. App. LEXIS 79
CourtIdaho Court of Appeals
DecidedAugust 16, 2007
Docket32504
StatusPublished
Cited by9 cases

This text of 174 P.3d 885 (State v. Keene) 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. Keene, 174 P.3d 885, 144 Idaho 915, 2007 Ida. App. LEXIS 79 (Idaho Ct. App. 2007).

Opinion

GUTIERREZ, Judge.

Shyrline Rae Keene appeals from her judgment of conviction for possession of a controlled substance. Keene challenges the district court’s denial of her suppression motion, arguing that the district court erred in determining that the investigative detention was reasonable. For the reasons set forth below, we affirm.

I.

FACTUAL AND PROCEDURAL BACKGROUND

The district court’s memorandum decision states in relevant part:

On the evening of August 17, 2004, Cpl. Leon Cazier of the Heyburn police department was dispatched to an R.V. park in the city of Heyburn in response to a call from the R.V. park host. When Cpl. Cazier arrived at the R.V. park he saw a brown Mercury Grand Marquis leaving the park. He noticed that there were two occupants in the car but he did not observe any other identifying information. The park host reported that he suspected that the occupants of the car might have been selling drugs in or near the R.V. park restrooms. He said he had observed the same car coming and going while other cars came up to it and then left. He reported that he had seen the same car over a period of weeks and that someone from the car would go in and out of the restroom but only be there for a short time____ The following night, August 18, 2005,(sic) at about 10:30 p.m. Cpl. Cazier was dispatched to Primrose Lane in Heyburn in response to a report of a car parked in front of an unoccupied house____ When the officer arrived he saw that it was the same car he had seen at the R.V. park the night before. There were two occupants but he could not, with certainty, identify them from the previous night. The officer waited down the street from the vehicle and he called narcotics officers for assistance. Before the narcotics officers arrived, Cpl. Cazier pulled his police car to the rear of the suspect vehicle. He did not turn on his emergency lights or his flashers but he did have his headlights on. A male, later identified as Frank Saldana, exited the vehicle from the passenger side. He told Cpl. Cazier that he had come to visit a relative who lived in the unoccupied house. He admitted that he had been at the R.V. park the night before. At about this time, the defendant exited the car from the driver’s side and walked towards the officer. In response to her questions, Cpl. Cazier explained to her that he was investigating why they were there. He also made reference to his suspicion that drugs might be involved. In response to the officer’s questioning, the defendant gave the officer her name and date of birth. She then walked back to her ear and locked the doors and left the scene on foot, walking west on Primrose lane. At about this time, the narcotics officers arrived. They asked Cpl. Cazier if he was “done” with the defendant. Cpl. Cazier said that he was not. The narcotics officers ran after the defendant who resisted____[T]he officers ultimately put handcuffs on the defendant on the front porch of a nearby house and took her back to the scene of the initial encounter____The officers then called for a drug detection dog. The dog arrived about 10 minutes after the defendant was handcuffed by the narcotics officers. The dog indicated on the car and a search revealed methamphetamine and paraphernalia....

The state charged Keene with possession of methamphetamine, possession of drug paraphernalia, and driving without privileges. *918 Keene moved to suppress all evidence gathered subsequent to the initial investigatory stop. After a hearing, the district court denied the motion, determining that Keene’s detention occurred when she was handcuffed and returned to the scene of the encounter; that Keene’s investigative detention was supported by reasonable suspicion that she had been or was about to be engaged in illegal activity and that the detention was reasonable in scope and duration. Keene entered a conditional plea of guilty to possession of a controlled substance, I.C. § 37-2732(e)(l). Keene now appeals.

II.

DISCUSSION

Keene contends that her detention became a de facto arrest when she was handcuffed, and was not supported by probable cause or reasonable suspicion that she was involved in criminal activity. The state argues that even if the district court’s reasoning was flawed, we must affirm because Keene showed no causal link between her detention and the discovery of evidence pursuant to the drug dog alert.

We begin by noting that there was no detention until the narcotics officers ran after Keene and stopped her. The Fourth Amendment to the United States Constitution, and its counterpart, Article I, Section 17 of the Idaho Constitution, guarantee the right of every citizen to be free from unreasonable searches and seizures. However, not all encounters between the police and citizens involve the seizure of a person. Terry v. Ohio, 392 U.S. 1, 19 n. 16, 88 S.Ct. 1868, 1879, 20 L.Ed.2d 889, 904 (1968); State v. Jordan, 122 Idaho 771, 772, 839 P.2d 38, 39 (Ct.App.1992). Only when an officer, by means of physical force or show of authority, restrains the liberty of a citizen may a court conclude that a seizure has occurred. State v. Fry, 122 Idaho 100, 102, 831 P.2d 942, 944 (Ct.App.1991). A seizure does not occur simply because a police officer approaches an individual on the street or other public place, asks if the individual is willing to answer some questions or puts forth questions if the individual is willing to listen. Florida v. Bostick, 501 U.S. 429, 434, 111 S.Ct. 2382, 2386, 115 L.Ed.2d 389, 398 (1991); Florida v. Royer, 460 U.S. 491, 497, 103 S.Ct. 1319, 1323, 75 L.Ed.2d 229, 235 (1983). Unless and until there is a detention, there is no seizure within the meaning of the Fourth Amendment and no constitutional rights have been infringed. Royer, 460 U.S. at 498, 103 S.Ct. at 1324, 75 L.Ed.2d at 236.

When Officer Cazier pulled his vehicle behind the brown Mercury Grand Marquis, he did not use his emergency lights or any other means for communicating to a reasonable person that he or she was not at liberty to ignore the police presence and go about his or her business. The officer was alone at this time and did nothing to block Keene from simply driving away. Thus, Saldana and Keene approached the officer of their own free will, and the officer’s questioning did nothing to change the consensual nature of the police-citizen encounter. Keene’s decision then to walk away is further evidence that the initial contact did not rise to the level of a seizure.

Assuming arguendo that the detention that then occurred amounted to an arrest without probable cause, this illegality would require suppression of the drugs found in the car only if there was a causal connection between the unlawful arrest and the discovery of the drugs. In State v. McBaine, 144 Idaho 130, 157 P.3d 1101

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

Related

State v. Plata Iniguez
526 P.3d 1003 (Idaho Supreme Court, 2023)
State v. Maahs
525 P.3d 1131 (Idaho Supreme Court, 2023)
State v. Ward
Idaho Court of Appeals, 2021
State v. Lian
Idaho Court of Appeals, 2020
State v. Droogs
Idaho Court of Appeals, 2019
Christopher Conley Tapp v. State
Idaho Court of Appeals, 2013
State v. Misty Marie Buhler
Idaho Court of Appeals, 2012
State v. Lusby
198 P.3d 735 (Idaho Court of Appeals, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
174 P.3d 885, 144 Idaho 915, 2007 Ida. App. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-keene-idahoctapp-2007.