State v. Thompson

826 P.2d 1350, 121 Idaho 638, 1992 Ida. App. LEXIS 61
CourtIdaho Court of Appeals
DecidedMarch 3, 1992
DocketNo. 19048
StatusPublished

This text of 826 P.2d 1350 (State v. Thompson) 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. Thompson, 826 P.2d 1350, 121 Idaho 638, 1992 Ida. App. LEXIS 61 (Idaho Ct. App. 1992).

Opinion

SILAK, Judge.

Robert Harold Thompson appeals from the district court’s denial of his motion to suppress evidence which was obtained by execution of a search warrant, and from various evidentiary rulings during Thompson’s trial on grand theft charges. For the reasons stated below, we affirm.

Thompson was charged by information with three felony counts of grand theft by possession, I.C. §§ 18-2403(4), 18-2407. He filed a motion to suppress the evidence obtained pursuant to a search warrant on the basis that the officers willfully misled the magistrate in presenting information and omitting information in support of their application for the search warrant. The district court, after hearing, determined that the officers had not knowingly or intentionally misrepresented the facts and that any facts that had been omitted or misstated were immaterial. The court denied the motion to suppress evidence obtained pursuant to the search warrant. A jury convicted Thompson of two counts of grand theft. The district court imposed a unified sentence of five years with a mandatory minimum period of confinement of two years and retained jurisdiction for 120 days.

On appeal, Thompson argues that the evidence obtained pursuant to the search warrant should not have been admitted as evidence. He also contends that the district court erred when it admitted evidence indicating that illegal drugs were packaged at Thompson’s home, as well as photographs of tools and a toolbox which had been taken from a burglary victim’s home.

The relevant facts can be briefly stated. Detectives from the Kootenai County Sheriff’s office were investigating burglaries which had occurred in the Wolf Lodge Road area. On May 3,1990, sheriff’s deputies arrested two suspects and recovered items which had been taken in the burglaries. A sheriff’s deputy interviewed both of the suspects. One of the suspects, Ronald Koski, admitted that he had been involved in the burglaries and that he had taken some of the other items which had been stolen to a person who buys and sells stolen property. Koski identified the person as Bob Thompson and described Thompson’s residence.

Deputy Samuel Grubbs listened to portions of the taped interview with Koski. Grubbs also became aware of aspects of [640]*640the burglaries, including items stolen in the burglaries. Grubbs later appeared before a magistrate and testified as to his knowledge of the information received from Koski and gave a description of the stolen items. Another detective, Deputy Dan Thornton, also testified in support of the issuance of the warrant. Based on the testimony of Grubbs and Thornton, the magistrate found that probable cause existed and issued a search warrant of Thompson’s residence.

Under Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978), a criminal defendant is entitled to an evidentiary hearing to challenge the veracity of a sworn statement used by the police to obtain a search warrant if the criminal defendant makes a substantial preliminary showing that the sworn statement included an intentionally false statement or a statement made with reckless disregard for the truth, and that those statements were necessary to the finding of probable cause. Franks, 438 U.S. at 155-56, 98 S.Ct. at 2676. This Court has previously held that Franks extends to allow challenges to sworn statements based on deliberate or reckless omissions of facts which tend to mislead the magistrate. State v. Jardine, 118 Idaho 288, 292, 796 P.2d 165, 169 (Ct.App.1990). In order to prevail at the hearing, the defendant must show, by a preponderance of the evidence, that false information was included in the statement upon which the warrant was based, that the false information was included knowingly and intentionally or with reckless disregard for the truth, and that the remaining content of the statement is insufficient to establish probable cause. State v. Lindner, 100 Idaho 37, 41, 592 P.2d 852, 856 (1979) citing Franks, supra. In the context of a factual omission, the defendant must show that the omission is intentional or reckless, and that it is material. See Jardine, 118 Idaho at 292, 796 P.2d at 169. If the defendant prevails, “the search warrant must be voided and the fruits of the search excluded to the same extent as if probable cause was lacking on the face of the affidavit.” Lindner, 100 Idaho at 41, 592 P.2d at 856.

I. THE FACTUAL OMISSIONS WERE IMMATERIAL

In the present case, the district court determined that Grubbs’s misstatements and omissions were not material to determining probable cause to issue the search warrant. In reviewing the district court’s determination that misstatements and omitted information were immaterial and unnecessary to a finding of probable cause, we defer to factual findings which are supported by substantial evidence, and freely review the application of the law to the facts. See Jardine, 118 Idaho at 291, 796 P.2d at 168 (discussing standard of review for United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984), good-faith exception to the exclusionary rule); see also United States v. Dozier, 844 F.2d 701, 705 (9th Cir.1988) cert. denied, 488 U.S. 927, 109 S.Ct. 312, 102 L.Ed.2d 331 (1988) (question whether misstatements or omissions are material to a finding of probable cause is subject to de novo review). In the present case, we will freely review the district court's conclusions regarding the materiality of the misstatements and omitted statements.

During the probable cause hearing to obtain the warrant, Grubbs did not tell the magistrate that he had listened only to portions of the taped interviews. He also failed to mention a statement by Koski that Thompson had probably already disposed of the stolen items. Grubbs also did not mention that some of the items listed in the search warrant had already been recovered by the sheriff’s office when the two burglary suspects were arrested. Thompson argues that the search warrant is invalid because of these omissions and misstatements, and that any items seized pursuant to the search warrant should have been excluded as evidence.

Thompson argues that Grubbs intentionally failed to inform the magistrate that he had listened to only a portion of the taped interview with Koski. The district court did not specifically address this issue, but made a blanket statement that any omis[641]*641sions which did occur were immaterial. In the hearing to determine probable cause for the issuance of the search warrant, Grubbs testified that he had listened to the taped interview with Koski. Koski admitted to having participated in the burglaries in the Wolf Lodge Road area, and to having sold the stolen property to Thompson in exchange for drugs. Koski described Thompson’s house and Grubbs had confirmed its location prior to his testimony before the magistrate.

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Related

Franks v. Delaware
438 U.S. 154 (Supreme Court, 1978)
United States v. Leon
468 U.S. 897 (Supreme Court, 1984)
United States v. Lance Dozier
844 F.2d 701 (Ninth Circuit, 1988)
Needs v. Hebener
797 P.2d 146 (Idaho Court of Appeals, 1990)
State v. Jardine
796 P.2d 165 (Idaho Court of Appeals, 1990)
State v. Lindner
592 P.2d 852 (Idaho Supreme Court, 1979)
State v. Giles
772 P.2d 191 (Idaho Supreme Court, 1989)
Fuller v. Wolters
807 P.2d 633 (Idaho Supreme Court, 1991)

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Bluebook (online)
826 P.2d 1350, 121 Idaho 638, 1992 Ida. App. LEXIS 61, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thompson-idahoctapp-1992.