State v. Watson

153 P.3d 1186, 143 Idaho 840, 2007 Ida. App. LEXIS 14
CourtIdaho Court of Appeals
DecidedMarch 2, 2007
DocketNo. 31483
StatusPublished
Cited by5 cases

This text of 153 P.3d 1186 (State v. Watson) 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. Watson, 153 P.3d 1186, 143 Idaho 840, 2007 Ida. App. LEXIS 14 (Idaho Ct. App. 2007).

Opinion

PERRY, Chief Judge.

David R. Watson appeals from his judgment of conviction for possession of a controlled substance. Specifically, Watson challenges the district court’s order denying his motion to suppress evidence. Because we conclude that Watson’s motion to suppress should have been granted, we vacate Watson’s judgment of conviction.

I.

FACTS AND PROCEDURE

On the afternoon of March 7, 2004, a neighbor of Watson called the police and reported that Watson was walking up and down the street, yelling obscenities and screaming about killing people, including police officers. One local police officer and several state police officers responded and found that Watson had returned to his apartment. The officers asked Watson to step into the hallway, handcuffed him, and questioned him regarding the report from his neighbor. The local officer later testified that he observed that Watson made strange references to being a secret agent, smelled of alcohol, fidgeted repeatedly, and generally acted irrationally while the officers questioned him. The officers warned Watson that he was creating a disturbance and left.

Later in the same afternoon, multiple neighbors called the police and reported that Watson was again causing a disturbance. Only the local police officer responded initially. The officer later testified that, upon his arrival at the scene, he observed Watson talking with two neighbors while holding a duffel bag, and the officer called Watson over to him. The officer asked Watson to turn over the duffel bag and remove his coat. The officer then noticed a bulky object protruding from one of the front pockets of Watson’s loose-fitting, nylon running pants. The officer handcuffed Watson. As he was being handcuffed, Watson told the officer that he had punched holes in the walls and doors inside the apartment complex. Immediately after handcuffing Watson, the officer conducted a pat-down search for weapons. The officer felt a hard object and reached into Watson’s pocket to remove the object. In doing so, the officer emptied all items from Watson’s front pocket. The officer found money, a toothpaste container,1 keys, and a small, plastic bag that contained methamphetamine.

The state charged Watson with several offenses, including possession of a controlled substance. I.C. § 37-2732(c). Watson moved to suppress the methamphetamine. The district court denied the motion. At a bench trial, Watson renewed his motion to suppress the methamphetamine at the close of the state’s evidence, and the district court again denied the request. The district court found Watson guilty of possession of a controlled substance. The district court sentenced Watson to eighteen months fixed for possession of a controlled substance. Watson has fully served his sentence. Watson appeals, challenging the denial of his motion to suppress the methamphetamine.2

[843]*843II.

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 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 credibility 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).

III.

ANALYSIS

On appeal, Watson argues that the officer’s pat-down search violated the Idaho and United States Constitutions.3 A warrantless search is presumptively unreasonable unless it falls within certain special and well-delineated exceptions to the warrant requirement. Coolidge v. New Hampshire, 403 U.S. 443, 454-55, 91 S.Ct. 2022, 2031-32, 29 L.Ed.2d 564, 575-76 (1971); State v. Ferreira, 133 Idaho 474, 479, 988 P.2d 700, 705 (Ct.App.1999). In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the United States Supreme Court created a stop- and-frisk exception to the Fourth Amendment warrant requirement. The stop and the frisk constitute two independent actions, each requiring a specific justification. State v. Babb, 133 Idaho 890, 892, 994 P.2d 633, 635 (Ct.App.2000); State v. Fleenor, 133 Idaho 552, 556, 989 P.2d 784, 788 (Ct.App.1999).

The stop is justified if there is a reasonable and articulable suspicion that the individual has committed or is about to commit a crime. Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983); Terry, 392 U.S. at 30, 88 S.Ct. at 1884, 20 L.Ed.2d at 911; State v. DuValt, 131 Idaho .550, 553, 961 P.2d 641, 644 (1998); Ferreira, 133 Idaho at 479, 988 P.2d at 705. However, reasonable grounds to justify a lawful investigatory stop do not automatically justify a frisk for weapons. Babb, 133 Idaho at 892, 994 P.2d at 635. An officer may frisk an individual if the officer can point to specific and articulable facts that would lead a reasonably prudent person to believe that the individual with whom the officer is dealing may be armed and presently dangerous and nothing in the initial stages of the encounter serves to dispel this belief. Terry, 392 U.S. at 27, 88 S.Ct. at 1883, 20 L.Ed.2d at 909; Babb, 133 Idaho at 892, 994 P.2d at 635; Fleenor, 133 Idaho at 555, 989 P.2d at 787. In our analysis of a frisk, we look to the facts known to the officer on the scene and the inferences of risk of danger reasonably drawn from the totality of those specific circumstances. Babb, 133 Idaho at 892, 994 P.2d at 635; Fleenor, 133 Idaho at 555, 989 P.2d at 787. See also State v. Muir, 116 Idaho 565, 567-68, 777 P.2d 1238, 1240-41 (Ct.App.1989).

Watson concedes that the officer was justified in stopping him. Watson also concedes that it was clear to the officer that he had something in his pocket but argues that there was no reasonable basis for the officer to believe that it was a weapon and that Watson was presently dangerous. Watson argues that conducting a pat-down search was therefore unconstitutional. Watson also argues that, even if the pat-down search was justified, the officer exceeded the scope of a Terry frisk for weapons by reaching into his pocket and removing all items from the pocket.

A. Reasonable Suspicion to Conduct Search

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

Related

State v. Draney
Idaho Court of Appeals, 2025
State v. Nelson
Idaho Court of Appeals, 2025
State v. Maahs
525 P.3d 1131 (Idaho Supreme Court, 2023)
State v. Lee
402 P.3d 1095 (Idaho Supreme Court, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
153 P.3d 1186, 143 Idaho 840, 2007 Ida. App. LEXIS 14, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-watson-idahoctapp-2007.