State v. Manthei

• Decision Date: 09 April 1997
• Docket Number: No. 23035,23035
• Citation: 939 P.2d 556,130 Idaho 237
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Bradley MANTHEI, Defendant-Appellant. . Boise, December 1996 Term
• Court: Idaho Supreme Court

Page 556

939 P.2d 556

130 Idaho 237

STATE of Idaho, Plaintiff-Respondent, v. Bradley MANTHEI, Defendant-Appellant.

No. 23035.

Supreme Court of Idaho.

Boise, December 1996 Term.

April 9, 1997.

Rehearing Denied July 10, 1997.

Van G. Bishop, Canyon County Public Defender; Maureen E. Cassidy, Deputy Public Defender, Nampa, argued, for appellant.

Hon. Alan G. Lance, Attorney General; Michael A. Henderson, Deputy Attorney General, argued, Boise, for respondent.

ON REVIEW

SILAK, Justice.

This is an appeal from the district court's denial of appellant's motion to suppress methamphetamine evidence. Pursuant to a conditional plea of guilty to a charge of felony possession of methamphetamine, the appellant reserved the right to appeal the district court's order. On appeal, the Idaho Court of Appeals reversed the conviction. This Court granted the State's petition for review. We affirm the district court's order and judgment of conviction.

I. FACTS AND PROCEDURAL BACKGROUND

On January 6, 1994, Nampa police officer Edward Hofkins (Hofkins) approached a residence to serve a summons on a woman, "N.M.", he believed lived there. Hofkins was dressed in civilian clothes but was wearing his badge and gun and was carrying a police radio. Hofkins' knock on the door was answered by appellant Bradley Manthei (Manthei), who was a frequent visitor at the home and who had been an overnight guest the previous evening. Manthei identified himself As Hofkins and Manthei spoke they were two and a half to three feet apart. The door was fully open and Manthei was standing in the threshold. Hofkins noticed the top of a syringe protruding from Manthei's shirt pocket. The plunger end of the syringe was the end Hofkins could see and the plunger was up. Hofkins testified that he believed the syringe was possibly drug related and that he was observing possible drug paraphernalia. He then called for backup. Hofkins thought that at this point Manthei became aware that the officer had seen the syringe. Hofkins then asked Manthei to step outside. Manthei did not respond but simply stared at the officer and turned his body in a position to try to shield the syringe. Hofkins then said, "Brad, step out." Manthei then yelled a profanity and attempted to slam the door on the officer. Hofkins stopped the door from closing, and again called for backup. He then entered the house in pursuit of Manthei who had headed toward the kitchen. Hofkins drew his gun as he approached the kitchen.

as Brad Martell and told Hofkins that N.M. had moved out two days before.

As Hofkins entered the kitchen, he observed that Manthei had the syringe down in the sink, with the plunger down, and appeared to be squirting the contents of the syringe into the drain. Also in the kitchen was a man whom Hofkins knew named D.L. Hofkins told Manthei to stop and drop the syringe and told D.L. not to move. Both men complied. Hofkins then had Manthei lie on the floor, spread eagle style, until the backup unit arrived at which time Hofkins placed Manthei under arrest and handcuffed him. Hofkins then searched Manthei's person and found another syringe, two plastic bags containing a white powdery substance and a marijuana pipe, and another plastic bag that Hofkins noticed between Manthei's legs, the contents of which later tested positive for methamphetamine.

Manthei was charged with felony possession of methamphetamine, and misdemeanors of possession of drug paraphernalia and resisting and obstructing an officer. Manthei pled not guilty and filed a motion to suppress the methamphetamine, alleging that the police had made a warrantless residential entry in the absence of exigent circumstances in violation of his rights under the Fourth Amendment to the United States Constitution. The district court denied the motion, ruling that Hofkins had probable cause to arrest Manthei for possession of drug paraphernalia and resisting and obstructing, and that when Hofkins followed Manthei into the house, he was in hot pursuit and there was an exigency arising from the risk of destruction of evidence.

Manthei thereafter entered into a plea agreement whereby he conditionally pled guilty to the charge of possession of methamphetamine and the other charges were dropped. He reserved the right to appeal the denial of his suppression motion. Manthei was sentenced to a fixed term of twenty months with credit for time already served.

On appeal, the Idaho Court of Appeals reversed the conviction. The court held that it did not believe "the existence of a partially hidden syringe is sufficient to constitute probable cause for an arrest under the circumstances of this case." The court noted that prior to calling for backup assistance, the only information Hofkins possessed was that Manthei had a syringe in his shirt pocket and there was no evidence at that point to indicate that the syringe was being used or was intended to be used in connection with controlled substances. With respect to whether there was a valid Terry stop, the court further held that when Hofkins ordered Manthei to step out of the house, the facts did not provide Hofkins with sufficient reasonable suspicion to detain Manthei for the purpose of investigating the possibility that a crime was being committed in his presence. Finally, the court held that no exigent circumstance existed to justify a warrantless residential entry because the suspected offense was not one of violence, citing State v. Curl, 125 Idaho 224, 869 P.2d 224 (1993).

The State petitioned for review. This Court granted review as to all issues.

II. ISSUES ON REVIEW

The State raises the following issues on review (1) Whether the district court correctly held that the officer's entry into the house to complete the arrest or Terry stop of Manthei was consistent with Manthei's Fourth Amendment rights, in particular, (a) whether the officer initiated an arrest based on probable cause, or an investigative detention based on reasonable suspicion, before Manthei fled into the house, and (b) whether the officer acted properly in entering the house to complete the arrest or detention he had initiated.

III. ANALYSIS

A. Standard Of Review

This case is on review from the Court of Appeals. In such a case, this Court values the decision of the Court of Appeals for the insight it provides in addressing the issues on appeal. State v. Roberts, 129 Idaho 194, 923 P.2d 439, 442 (1996); Spence v. Howell, 126 Idaho 763, 768, 890 P.2d 714, 719 (1995). While this Court gives serious consideration to the views of the Court of Appeals, the Court reviews the opinion of the trial court directly. State v. Roberts, 923 P.2d at 442.

B. The District Court Correctly Denied Manthei's Motion To Suppress The Methamphetamine Evidence.

1. The detention of Manthei was a valid Terry stop.

The district court denied the motion to suppress on the basis that Hofkins had probable cause to arrest Manthei and that once Manthei had fled into the residence, "there was sufficient hot pursuit to justify any warrantless entry into the residence." The court ruled that there was a realistic expectation that delay would result in the destruction of evidence.

On appeal, the State argues that even if Hofkins did not have probable cause to arrest Manthei, he had a reasonable, articulable suspicion to detain Manthei pursuant to Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). In State v. Rawlings, 121 Idaho 930, 829 P.2d 520 (1992), this Court explained the Terry detention standard as follows:

[N]ot all seizures of the person need be justified by probable cause to arrest for a crime; a police officer may, in appropriate circumstances and in an appropriate manner, detain a person for purposes of investigating possible criminal behavior even though there is no probable cause to make an arrest. Terry, 392 U.S. at 22, 88 S.Ct. at 1880. Such a seizure is justified under the Fourth Amendment if there is an articulable suspicion that the person has committed or is about to commit a crime.... Whether an officer had the requisite reasonable suspicion to conduct an investigatory stop is determined on the basis of the totality of the circumstances.

121 Idaho at 932, 829 P.2d at 522 (additional citations omitted).

In the present case, Hofkins observed a syringe protruding from Manthei's shirt pocket. The needle was pointed down and the plunger was up. In his affidavit in support of the State's opposition to the motion to suppress, Hofkins stated that he was a twenty-five year police veteran and had worked a number of drug cases, talked to hundreds of drug users and dealers over the years, and had experience in identifying drugs and drug paraphernalia. Accordingly, Hofkins testified that when he saw the syringe in Manthei's pocket, he believed that it was "possibly dope related" and that he was observing "potential drug paraphernalia," the possession of which is a misdemeanor under I.C. § 37-2734A. See State v. Kysar, 116 Idaho 992, 993, 783 P.2d 859, 860 (1989) (stating that "In determining whether there is probable cause for an arrest, an officer is entitled to draw reasonable inferences from the available information in light of the knowledge that he has gained from his previous experience and training.") We hold that based on these observations and because of his training and experience, Hofkins had a reasonable, articulable suspicion that a crime was being committed or was about to be committed in his presence and that he had the authority to detain Manthei under Terry.

Additionally, after Hofkins called for backup on his radio and asked Manthei to step

outside, Manthei stared at Hofkins and turned his body to shield the syringe. When Hofkins made his explicit command--"Brad, step out"--Manthei yelled a profanity and started to slam the door. Thus, based upon the totality of the circumstances, we hold that whether or not probable cause existed, Hofkins, at the very least, had a reasonable, articulable...