State v. Bonillas
Decision Date | 09 November 1999 |
Docket Number | No. 2 CA-CR 99-0137.,2 CA-CR 99-0137. |
Citation | 197 Ariz. 96,3 P.3d 1016 |
Parties | The STATE of Arizona, Appellant, v. Jaime Damian BONILLAS, Appellee. |
Court | Arizona Court of Appeals |
Barbara LaWall, Pima County Attorney by Elizabeth Tyszko, Tucson, for Appellant.
Law Offices of Rafael F. Gallego by Rafael F. Gallego, Tucson, for Appellee.
¶ 1 The state appeals from the trial court's order granting appellee Jaime Damian Bonillas's motion to suppress cocaine that an officer found when he conducted a pat-down search of Bonillas for identification before arresting him for violating A.R.S. § 28-1595(B), failure to provide an operator's license or evidence of identity. The court found that there was no probable cause to arrest Bonillas and that, even if there was probable cause, the search was impermissible because it occurred before the arrest. Because we conclude that the officer had probable cause to arrest Bonillas for violating § 28-1595(B) and that the search was permissible, we reverse.
¶ 2 In reviewing a trial court's ruling on a motion to suppress evidence, we give deference to the trial court's factual findings, State v. Blackmore, 186 Ariz. 630, 632, 925 P.2d 1347, 1349 (1996), but review de novo legal issues and mixed questions of fact and law. Ornelas v. United States, 517 U.S. 690, 699, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911, 920 (1996); Blackmore, 186 Ariz. at 632,925 P.2d at 1349; State v. Fodor, 179 Ariz. 442, 448, 880 P.2d 662, 668 (App.1994). An officer stopped Bonillas for a traffic violation and requested his driver's license. Bonillas, a licensed operator, did not have his license or any other form of identification with him.1 Bonillas did comply, however, with the officer's request that he write down his name and birth date. The officer, whose practice was to arrest, rather than to issue a citation and release, drivers who failed to provide him identification, patted down Bonillas in search of a license or other identification. In the course of that search, the officer found cocaine in Bonillas's pocket and arrested him for failure to provide a driver's license and for possession of cocaine.
4. A brief physical description of the driver, including the driver's sex, weight, height and eye and hair color.
5. The driver's signature.
¶ 4 The trial court interpreted § 28-1595(B) to require that Bonillas supply either a valid operator's license or evidence of identity. In interpreting a statute, we first look to its language as the best indication of its meaning. State v. Mahaney, 193 Ariz. 566, ¶ 12, 975 P.2d 156, ¶ 12 (App.1999). The clause that requires the display of a license refers to an "operator" and the "operator's driver license" while the clause that requires evidence of identity refers to a "driver" and "evidence of the driver's identity." The plain language of the statute, therefore, requires that a licensed operator display a license and that an unlicensed driver supply evidence of identity. Moreover, this interpretation is consistent with the language of A.R.S. § 28-3169(A) (formerly A.R.S. § 28-423), which requires that licensees have their licenses in their immediate possession when operating a motor vehicle and that a licensee produce the license when requested to do so by an officer. See State v. Cid, 181 Ariz. 496, 499, 892 P.2d 216, 219 (App.1995)
(. )
¶ 5 Furthermore, in interpreting a statute, we presume that the legislature is aware of the existing case law and that, if it revises a statute and retains the language on which we have based our decisions, the legislature agrees with our interpretation of the statute. State v. Superior Court, 104 Ariz. 440, 442, 454 P.2d 982, 984 (1969); State v. Aro, 188 Ariz. 521, 524, 937 P.2d 711, 714 (App.1997); State v. Pennington, 149 Ariz. 167, 168, 717 P.2d 471, 472 (App.1985). In State v. Boudette, 164 Ariz. 180, 182, 791 P.2d 1063, 1065 (App.1990), Division One of this court found that a portion of former A.R.S. § 28-1075(B), the predecessor of § 28-1595(B),2 was unconstitutionally vague because it did not delineate what type of "evidence of . . . identity" would suffice for an unlicensed driver to avoid violating the statute. But the court, noting that "[t]he thrust of Part B of this statute is to penalize motorists who refuse to display their driver's licenses or, if they do not have licenses, who refuse to give other identifying information," upheld the remainder of subsection (B), concluding that "the part of A.R.S. § 28-1075(B) that declares [an operator] who fails or refuses to exhibit his license (as required by [then] § 28-423) upon being stopped to be guilty of a class 2 misdemeanor is constitutional and may stand."3Boudette, 164 Ariz. at 182-83,791 P.2d at 1065-66.
¶ 6 The legislature amended former § 28-1075(B) in 1995, addressing the unconstitutional portion of the subsection by specifically delineating what type of evidence of identity is required for an unlicensed driver to avoid violating the statute. 1995 Ariz. Sess. Laws, ch. 286, § 8. But the legislature made no changes that would affect Division One's interpretation of the statute as it applies to licensed operators. Id. We presume, therefore, that the legislature accepted that interpretation. See State v. Superior Court; Aro; Pennington.
quoting State v. Clevidence, 153 Ariz. 295, 300, 736 P.2d 379, 384 (App.1987). See State v. Valenzuela, 121 Ariz. 274, 275, 589 P.2d 1306, 1307 (1979); State v. Carroll, 111...
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