State v. Patterson

97 P.3d 479, 140 Idaho 612, 2004 Ida. App. LEXIS 60
CourtIdaho Court of Appeals
DecidedJune 22, 2004
Docket29573
StatusPublished
Cited by9 cases

This text of 97 P.3d 479 (State v. Patterson) 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. Patterson, 97 P.3d 479, 140 Idaho 612, 2004 Ida. App. LEXIS 60 (Idaho Ct. App. 2004).

Opinion

PERRY, Judge.

Gaylin Ted Patterson appeals from his judgment of conviction for felony driving under the influence (DUI) and misdemeanor resisting a public officer. Specifically, Patterson challenges the district court’s denial of his motion to suppress. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

In June 2001, an officer noticed a vehicle being driven with what appeared to be a broken tailfight emitting white fight. The officer followed the vehicle and activated his overhead fights. The driver of the vehicle, Patterson, turned left across traffic and parked on the wrong side of the road with his front tire on the sidewalk. Patterson exited the vehicle and, according to the officer, staggered toward him. The officer requested Patterson’s registration and insurance documents, which Patterson retrieved. While talking to Patterson, the officer noticed that Patterson’s eyes were glossy and that he smelled of alcohol. The officer asked Patterson to return to his vehicle while the officer performed a driver’s license cheek.

When the officer returned to Patterson’s vehicle, Patterson was reclined in the driver’s seat smoking a cigarette. The officer asked Patterson to exit his vehicle numerous times but Patterson refused. The officer called for back-up and both officers attempted to get Patterson to exit his vehicle. When Patterson continued to refuse, an officer informed Patterson that he was under arrest for obstructing and delaying an officer. The officers again asked Patterson to exit the vehicle and, after Patterson refused, an officer attempted to open the door himself. The officer’s attempt was unsuccessful. The other officer broke the passenger side window with his baton, and Patterson was taken into custody.

Patterson was charged with DUI, I.C. §§ 18-8004, 18-8005, and misdemeanor resisting a public officer, I.C. § 18-705. Patterson filed a motion to suppress all the evidence obtained subsequent to the stop on the basis that the stop was illegal. At a hearing on the motion, the officer testified that he stopped Patterson’s vehicle because he believed that the tailfight did not comply with Idaho law. After the hearing, the district court suppressed one statement made by Patterson but issued an order denying Patterson’s motion with respect to all of the other evidence. Patterson filed a motion for reconsideration, which the district court denied.

A jury found Patterson guilty of felony DUI and misdemeanor resisting a public officer. The district court sentenced Patterson to a unified term of five years, with a minimum period of confinement of two years, for DUI and a concurrent term of ninety days for resisting a public officer. Patterson appeals, arguing that the district court erred in denying his motion to suppress evidence obtained as a result of the stop because the *614 officer did not have reasonable, articulable suspicion to effectuate the stop.

II.

ANALYSIS

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 are 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). At a suppression hearing, the power to assess the credi bility of witnesses, resolve factual conflicts, weigh evidence, and draw factual inferences is vested in the trial court. State v. Valdez-Molina, 127 Idaho 102, 106, 897 P.2d 993, 997 (1995); State v. Schevers, 132 Idaho 786, 789, 979 P.2d 659, 662 (Ct.App.1999).

A traffic stop by an officer constitutes a seizure of the vehicle’s occupants and implicates the Fourth Amendment’s prohibition against unreasonable searches and seizures. Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979); State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App.1996). Under the Fourth Amendment, an officer may stop a vehicle to investigate possible criminal behavior if there is a reasonable and articulable suspicion that the vehicle is being driven contrary to traffic laws. United States v. Cortez, 449 U.S. 411, 417, 101 S.Ct. 690, 66 L.Ed.2d 621 (1981); State v. Flowers, 131 Idaho 205, 208, 953 P.2d 645, 648 (Ct.App.1998). The reasonableness of the suspicion must be evaluated upon the totality of the circumstances at the time of the stop. State v. Ferreira, 133 Idaho 474, 483, 988 P.2d 700, 709 (Ct.App.1999). Suspicion will not be found to be justified if the conduct observed by the officer fell within the broad range of what can be described as normal driving behavior. Atkinson, 128 Idaho at 561, 916 P.2d at 1286.

Patterson argues that the officer lacked reasonable suspicion to effectuate the stop because, although Patterson’s taillight was emitting white light, it was also emitting red light and, thus, the condition of his taillights satisfied the requirements set forth in I.C. §§ 49-902, 49-906, and 49-910. The state argues that, under I.C. §§ 49-906 and 49-910, it is illegal to drive with taillights that emit light other than red and that, because the officer observed white light emitting from Patterson’s taillight, the officer had reasonable suspicion to effectuate a stop.

This Court exercises free review over the application and construction of statutes. State v. Schumacher, 131 Idaho 484, 485, 959 P.2d 465, 466 (Ct.App.1998). Where the language of a statute is plain and unambiguous, this Court must give effect to the statute as written, without engaging in statutory construction. State v. Rhode, 133 Idaho 459, 462, 988 P.2d 685, 688 (1999); State v. Burnight, 132 Idaho 654, 659, 978 P.2d 214, 219 (1999); State v. Escobar, 134 Idaho 387, 389, 3 P.3d 65, 67 (Ct.App.2000). The language of the statute is to be given its plain, obvious, and rational meaning. Bumight, 132 Idaho at 659, 978 P.2d at 219. If the language is clear and unambiguous, there is no occasion for the court to resort to legislative history or rules of statutory interpretation. Escobar, 134 Idaho at 389, 3 P.3d at 67. When this Court must engage in statutory construction, it has the duty to ascertain the legislative intent and give effect to that intent. Rhode, 133 Idaho at 462, 988 P.2d at 688.

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Bluebook (online)
97 P.3d 479, 140 Idaho 612, 2004 Ida. App. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-patterson-idahoctapp-2004.