State v. Simpson

734 P.2d 669, 112 Idaho 644, 1987 Ida. App. LEXIS 369
CourtIdaho Court of Appeals
DecidedMarch 3, 1987
Docket16402
StatusPublished
Cited by8 cases

This text of 734 P.2d 669 (State v. Simpson) 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. Simpson, 734 P.2d 669, 112 Idaho 644, 1987 Ida. App. LEXIS 369 (Idaho Ct. App. 1987).

Opinion

BURNETT, Judge.

We are asked to decide whether, in the circumstances of this case, the Fourth Amendment permits a law enforcement officer to stop a motor vehicle for the purpose of warning against violations of misdemeanor statutes. The issue is presented by Jimmy Simpson, who has appealed a judgment of conviction for driving under the influence of alcohol. Simpson entered a conditional plea of guilty after a magistrate denied his motion to suppress evidence obtained when an officer stopped his vehicle. Simpson contended that the stop was an unconstitutional seizure. The magistrate’s ruling on the suppression motion was upheld by the district court. Simpson then brought this case to us. We affirm.

The facts are undisputed. A Kootenai County Sheriff’s deputy was dispatched to the Coeur d’Alene Yacht Club to investigate a citizen complaint that a boat was being operated improperly. When the deputy arrived, he spoke with the citizen and recognized him as a local businessman. The citizen identified the boat in question, which at that time was being loaded on a trailer. The citizen stated that the boat had been occupied by a man and his family. The citizen said he saw the boat, operated by the man, traveling at excessive speed through a ‘.‘no wake” zone and weaving from side to side in a channel near the marina. He said he had observed a similar problem, involving the same boat and operator, on a previous occasion. The citizen did not desire to sign a complaint, but he suggested that the deputy issue a warning.

Because the boat was being loaded in a secure area behind a locked gate, the deputy did not approach it immediately. He observed the loading process and watched as the boat, towed by a van, left the premises. The deputy followed the van, observing no irregularities in the vehicle’s operation. After the van reached a public highway and had traveled some distance, the deputy made a traffic stop. He approached the vehicle to discuss the boating incident. He asked the driver, appellant Simpson, to step outside. He noticed that Simpson appeared to be intoxicated. The deputy administered field sobriety tests, which Simpson failed. He placed Simpson under arrest for driving a motor vehicle under the influence. A chemical test later revealed that Simpson’s blood-alcohol content was .15%, exceeding the .10% limit prescribed by I.C. § 18-8004.

At a hearing on his motion to suppress, Simpson did not dispute the deputy’s testimony concerning the facts obtained from the citizen at the Yacht Club. Neither did Simpson claim that the traffic stop was merely a pretext for a DUI investigation. Rather, he argued that the stop, made for the purpose of warning against improper operation of his boat, was an unreasonable seizure under the Fourth Amendment.

The Fourth Amendment protects the people from “unreasonable” searches and seizures. Here, the rigorous rules pertaining to the warrant clause have no application. We simply must decide whether a seizure occurred and, if so, whether it was reasonable. The answer to the first inquiry appears to be well settled. Stopping an automobile and detaining its occupants will be deemed a seizure under the Fourth Amendment, “even though the purpose of the stop is limited and the resulting detention quite brief.” Delaware v. Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 1395-96, 59 L.Ed.2d 660 (1979). See also, e.g., State v. Haworth, 106 Idaho 405, 679 P.2d 1123 (1984); State v. Reed, 107 Idaho 162, 686 P.2d 842 (Ct.App.1984). Here, the state concedes that the deputy seized Simpson’s person and vehicle when making the traffic stop.

The second inquiry, whether the seizure was reasonable, requires greater elaboration. The determination of reasonableness turns upon a balancing of individual privacy interests and governmental interests. “[T]he reasonableness standard usually requires, at a minimum, that the facts upon which an intrusion is based be capable of measurement against ‘an objective standard’ whether this be probable cause or a less stringent test.” Delaware v. Prouse, supra, 440 U.S. at 654, 99 S.Ct. *646 at 1396 (footnotes omitted). In the context of a traffic stop, the Fourth Amendment requires “at least articulable and reasonable suspicion ... that either the vehicle or an occupant is ... subject to seizure for violation of law____” Id. at 663, 99 S.Ct. at 1401.

In the present case, the deputy clearly had “at least articulable and reasonable suspicion” that Simpson had violated one or more misdemeanor statutes regulating the operation of boats. See I.C. § 49-3216 (speeding), I.C. § 49-3213 (negligent operation) and I.C. § 49-3222 (interference with navigation). 1 Indeed, as the magistrate noted, the deputy actually had probable cause, based on the citizen’s eyewitness account at the Yacht Club, to believe that Simpson had committed such violations. 2 Although the deputy had no authority to make a warrantless arrest for misdemean- or offenses committed outside his presence, see I.C. § 19-603, he was authorized to issue a citation as provided in I.C. § 19-3901. See also Rule 5, Idaho Misdemeanor Criminal Rules. 3

Nothing in Delaware v. Prouse, as we read it, prohibits the stopping of a vehicle to issue a citation based on probable cause. Because probable cause existed in this case, and because the officer could have issued a citation had he chosen to do so, the reasonableness of the seizure is more firmly established than if the stop had been predicated upon mere suspicion. In the latter type of case, the balance may tip against the reasonableness of a seizure. See, e.g., Campbell v. State of Washington Department of Licensing, 31 Wash.App. 833, 644 P.2d 1219 (1982) (uncorroborated tip that a motorist is intoxicated, unaccompanied by any factual foundation, does not give rise to reasonable suspicion); In re Tony C., 21 Cal.3d 888, 148 Cal.Rptr. 366, 582 P.2d 957 (1978) (mere curiosity or hunch does not constitute reasonable suspicion); State v. Dillon, 308 Minn. 464, 242 N.W.2d 84 (1976) (speculation does not suffice to establish reasonable suspicion).

Nevertheless, Simpson argues that the seizure in this case was unreasonable because, in his view, it did not serve an important governmental interest. He urges that the governmental interest was diminished because the officer’s purpose in making the stop was not to issue a citation but merely to give a warning. This argument invites us to determine the validity of a seizure by reference to the police officer’s subjective intent.

The role of subjective intent in Fourth Amendment jurisprudence is open to debate. See generally W. LaFAVE, SEARCH AND SEIZURE § 9.2(g) (1978).

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Bluebook (online)
734 P.2d 669, 112 Idaho 644, 1987 Ida. App. LEXIS 369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-simpson-idahoctapp-1987.