State v. Medley, 20174

Decision Date29 June 1995
Docket NumberNo. 20174,20174
Citation127 Idaho 182,898 P.2d 1093
PartiesSTATE of Idaho, Plaintiff-Respondent, v. Michael MEDLEY, Defendant-Appellant. Boise, February 1994 Term
CourtIdaho Supreme Court

Jonathan B. Hull, Kootenai County Public Defender, and Joel K. Ryan, Deputy Public Defender, Coeur d'Alene, for appellant. Joel K. Ryan argued.

Larry EchoHawk, Idaho Atty. Gen., Douglas A. Werth, Deputy Atty. Gen., Boise, for respondent. Douglas A. Werth argued.

TROUT, Justice.

Michael Medley appeals his conviction for the misdemeanor offenses of driving under the influence (DUI) and possession of a firearm while intoxicated, both entered upon conditional pleas of guilty. Specifically, Medley challenges the trial court's denial of his motion to suppress all evidence obtained by police when he was stopped at a Department of Fish and Game highway check station. Medley contends that the stop was unreasonable in violation of the United States and Idaho Constitutions.

I. BACKGROUND AND PROCEDURAL HISTORY

On November 17, 1990, from 10:00 a.m. until 10:00 p.m., the Idaho Department of Fish and Game (the Department) set up a check station on U.S. Highway 95. This check station was pre-approved by the Department's regional supervisor and, by invitation of another Department official, officers from the Kootenai County Sheriff's Office, the United States Border Patrol, the United States Fish and Wildlife Service, the Kootenai County Law Enforcement Auxiliary, and the Kootenai County Interagency Drug Task Force participated in the operation.

The checkpoint was situated at a weigh station on the west side of U.S. Highway 95. The record reveals that only Department officers were involved in the actual stopping of vehicles. All southbound vehicles, with the exception of large trucks, emergency vehicles, and law enforcement vehicles, were stopped by a P.O.S.T. (Police Officers Standards and Training) certified Department conservation officer acting as flagperson. Signs were set up ahead of the check station to warn vehicles of the upcoming stop.

After the vehicles were stopped, the Department flagperson asked the drivers whether they had been fishing or hunting and whether they possessed any fish or game. If a driver answered affirmatively, the flagperson directed that driver to a spot in the weigh station parking lot for further inquiry. The flagperson also diverted persons with expired vehicle registration and persons suspected of driving under the influence, possession of drugs, or other offenses. Once parked, these drivers were questioned by another Department officer. If a violation not pertaining to fish and game was suspected, the Department officer was accompanied by a law enforcement officer. Vehicles that were not diverted from the main flow of traffic were only momentarily detained; vehicles that were diverted from the main flow were detained for a short time unless there was a violation.

At approximately 8:00 p.m., conservation officer Greg Johnson, acting as flagperson, waived Medley into the weigh station. Johnson testified that he observed Medley's truck approach faster than normal and that the truck did not slow down soon enough, actually going past the stop sign and triangle cone where Johnson was standing. On approaching the vehicle, Johnson detected the odor of Thereafter, Medley moved to suppress all evidence seized and observations made as a result of the check station stop, and to dismiss the charges against him, alleging that the initial stop was unlawful and without legal justification in violation of the United States and Idaho Constitutions. After a hearing and after reviewing the transcript of another case involving the same check station, the magistrate denied the motion. On December 24, 1991, Medley entered a conditional plea of guilty to the DUI and weapons violations and the State dismissed the other two charges. The magistrate entered judgments of conviction for driving under the influence and possession of a firearm while intoxicated based on Medley's conditional pleas. The district court upheld the magistrate's ruling and this appeal followed.

[127 Idaho 185] alcohol on Medley's breath and observed that Medley's eyes were red and watery. By radio, Johnson informed the Department officer in charge of the operation, Wayne Weseman, that Medley was possibly under the influence. He then directed Medley to the weigh station parking lot. Officer Weseman alerted law enforcement officers of the possibility that Medley was driving under the influence. Those officers apparently took charge at that point. Deputy Sheriff Gary Dagastine of the Kootenai County Sheriff's Office observed signs of intoxication and ultimately arrested Medley. Medley was charged with DUI, possession of marijuana, a weapons violation, and an open container violation.

II. STANDARD OF REVIEW

In reviewing an order granting or denying a motion to suppress evidence, an appellate court will defer to the trial court's factual findings unless the findings are clearly erroneous. However, free review is exercised over the trial court's determination as to whether constitutional requirements have been satisfied in light of the facts found. State v. Weber, 116 Idaho 449, 451-52, 776 P.2d 458, 460-61 (1989). Further, when an appeal is initially taken to the district court, any subsequent review will be conducted independent of, but with due regard for, the decision of the district court. Smith v. Smith, 124 Idaho 431, 436, 860 P.2d 634, 639 (1993) (citing McNelis v. McNelis, 119 Idaho 349, 806 P.2d 442 (1991)).

III. THE SEIZURE THAT OCCURRED IN THIS CASE WAS UNREASONABLE IN VIOLATION OF THE UNITED STATES CONSTITUTION

The issue before this Court is whether the magistrate properly denied Medley's motion to suppress based on his determination that the initial stop did not violate Medley's constitutional right to be free from unreasonable searches and seizures. We hold that there was a violation under the United States Constitution. Therefore, we reverse the denial of the motion to suppress.

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures conducted by government officials. 1 The essential purpose of this prohibition is to safeguard the privacy and security of individuals against arbitrary invasions conducted solely at the unfettered discretion of government officials. E.g., Camara v. Municipal Court, 387 U.S. 523, 528, 87 S.Ct. 1727, 1730, 18 L.Ed.2d 930 (1967). However, the prohibition is not absolute and applies only to those searches and seizures which are found to be unreasonable. E.g., Elkins v. United States, 364 U.S. 206, 222, 80 S.Ct. 1437, 1446, 4 L.Ed.2d 1669 (1960).

When a vehicle is stopped at a checkpoint by law enforcement officials, a "seizure" within the meaning of the Fourth Amendment has occurred. If such a seizure is not made pursuant to a warrant, probable cause, or one of the well-recognized exceptions Consideration of the constitutionality of such seizures involves a weighing of the gravity of the public concerns served by the seizure, the degree to which the seizure advances the public interest, and the severity of the interference with individual liberty.

[127 Idaho 186] to the probable cause rule, a balancing test is used to determine its reasonableness. United States v. Martinez-Fuerte, 428 U.S. 543, 96 S.Ct. 3074, 49 L.Ed.2d 1116 (1976). This test was most clearly articulated by the United States Supreme Court in Brown v. Texas, 443 U.S. 47, 99 S.Ct. 2637, 61 L.Ed.2d 357 (1979).

....

A central concern in balancing these competing considerations in a variety of settings has been to assure that an individual's reasonable expectation of privacy is not subject to arbitrary invasions solely at the unfettered discretion of officers in the field.

Id. at 50-51, 99 S.Ct. at 2640 (citations omitted). Accordingly, we will identify and balance these three elements in light of the fear of arbitrary invasions conducted at the unfettered discretion of law enforcement officers.

A. The State's Interest

The State has a compelling interest in the management and conservation of its natural resources, including wildlife. This interest is of such importance that the legislature has asserted pervasive control over it. See I.C. § 36-103. Moreover, we note that the legislature has provided statutory authority supporting the use of check stations maintained by the Department for the purpose of checking fish and game licenses and lawful possession of wildlife. I.C. § 36-1201. While this does not end our inquiry, it is a strong indication of the legislature's perception that fish and game violations are matters of grave public concern which justify minimal intrusion into the public's right of privacy.

B. The Severity of Interference With Individual Liberty

With regard to the individual interest implicated in this case, there is clearly an interest in unrestrained travel on public roadways. Although, the intrusion on that interest that actually occurred in this instance was minimal, the manner in which the checkpoint was carried out did create the potential for a greater degree of intrusion. Intrusion is measured from both an objective and a subjective standpoint. See, e.g., Martinez-Fuerte, 428 U.S. at 558, 96 S.Ct. at 3083. Objective intrusion is measured by the duration of the seizure and the intensity of the investigation. Michigan Dep't of State Police v. Sitz, 496 U.S. 444, 451-52, 110 S.Ct. 2481, 2486, 110 L.Ed.2d 412 (1990). In this case, the objective intrusion resulting from the check station was slight. Vehicles not diverted from the main flow of traffic were only momentarily detained; vehicles that were diverted were detained for a short time unless a violation was found.

Subjective intrusion is measured by the potential for generating fear and surprise on the part of lawful travelers. Id. The level of subjective intrusion flowing from the actual stop in this case...

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