State v. Rice
| Decision Date | 18 December 1985 |
| Docket Number | No. 15832,15832 |
| Citation | 109 Idaho 985,712 P.2d 686 |
| Parties | STATE of Idaho, Plaintiff-Respondent, v. Dean Edward RICE, Defendant-Appellant. |
| Court | Idaho Court of Appeals |
William J. Tway, Boise, for defendant-appellant.
Jim Jones, Atty. Gen., Lynn E. Thomas, Sol. Gen., Boise, plaintiff-respondent.
In this appeal, Dean Edward Rice contends the district court erred in refusing to suppress evidence obtained under a search warrant. The case involves the so-called "good faith" exception to the exclusionary rule, announced by the United States Supreme Court in United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984). We uphold the district court's order.
Based upon information received through an anonymous telephone caller, a Boise City police officer applied to a magistrate for a warrant to search a residence located at 1525 Denver Street, Boise. The officer's affidavit in support of his application, after reciting his capacity as a police officer and his belief that marijuana and drug related paraphernalia would be found at the described residence, stated:
That he has probable cause to believe and is positive the same is true because of the following facts of which he has personal knowledge:
On February 8th, 1984 your affiant received an anonymous phone call through the Crime Stoppers Program. The confidential informant has been assigned CI-# 905. This individual, with a male voice, advised your affiant that recently he had accompanied a friend to 1525 Denver Street in Boise. The Denver Street house at 1525 Denver is more particularly described as a single family residence, a one story house, with a rock or rock type facing, the rear portion of the residence is white in color and appears to be of stucco construction, the front door of the house faces east and is brown in color with the numbers 1525 on the door.
While with this friend at 1525 Denver, there were discussions of the purchase of marijuana. At this time your affiant was advised that CI-905's friend did purchase marijuana and at the same time saw an individual introduced to him as Stanley J. Rice sell marijuana to CI-905's friend.
On February 8th, 1984 CI-905 advised your affiant that he went to 1525 Denver to purchase some marijuana. This action was taken at the request of your affiant. At this meeting CI # 905 advised Rice that CI 905 wishes to purchase a quarter pound of marijuana. Stanley Rice showed CI 905 one ounce of marijuana for CI 905 to examine for quality. From your affiant's discussions with CI 905, it is your affiants opinion CI 905 is well advised as to the nature and characteristics of marijuana and appears to be quite well versed in the slang and lingo of the drug trade and drug usage. At this February 8th, 1984 meeting with Rice, CI 905 advised that Rice had the marijuana present at the 1525 Denver Street address and further advised Rice that CI 905 would stop by on February 9th to purchase this marijuana. The agreed price for the quarter pound of marijuana was to be $300.00. Additionally, CI 905 advised that the marijuana is located in the kitchen area of the house.
CI 905 further advised your affiant on February 8th, 1984 that Stanley J. Rice is a white male adult approximately six foot tall with brown collar length hair weighing approximately 180 to 190 pounds and is approximately 27 years of age.
Your affiant determined through Carol Stour, his personal secretary, that Stanley J. Rice does reside at 1525 Denver pursuant to information obtained through the Idaho Power Company.
Your affiant believes that CI 905 is a reliable informant because information obtained relevant to other drug possessions was corroborated through confidential informant CI 904. On February 6th 1984 CI 904, a confidential informant with a female type voice, talked to your affiant pursuant to a Crime Stopper's phone call. She advised that a Max Kevin McCammon residing at 1015 University has been selling marijuana out of his residence. CI 905 (the informant on this search warrant) related to your affiant that a Max located 1015 University in Boise was dealing drugs out of his residence. Additionally, CI 905's information relevant to other drug transactions has been corroborated in the following way:
1. That confidential informant # 905 was correct as to the ownership of a vehicle located at 906 McKinley, said vehicle being owned by Ken Oberfelder.
2. That CI 905 was correct as to where the vehicle was parked relevant to a 906 McKinley address as verified by your affiant.
3. That CI 905 was correct as to Ken Oberfelder's prior address being 1427 Shennendoah in Boise, as corroborated through a records check of a 1975 black Cadillac registered to Ken Oberfelder.
4. That CI 905 was correct to the length of residence of Ken Oberfelder at the 906 McKinley Street address as verified through power records obtained from Idaho Power Company that showed the date power was supplied to the residence at 906 McKinley Street.
That your affiant requests to search for certain property, to-wit: contraband including but not limited to marijuana and marijuana derivatives, packaging materials, scales inventory list relating to drug related transactions, customer lists, additionally, proof of residency at 1525 Denver address including but not limited to, phone lists, rent receipts, mail addressed to a Stanley Rice at 1525 Denver Street.
That pursuant to your affiant's experience with the Boise City Police Department it has been his experience that individuals involved with drug usage and sales of drugs will have packaging materials, scales, and paraphernailia [sic], additionally they will have customer lists and records relating to account transactions at the residence where they live.
Presented with this information, the magistrate issued a warrant to search the house at 1525 Denver Street. According to a stipulation filed by the parties in this appeal, a quantity of marijuana was seized pursuant to the search warrant, "from the possession of the [appellant, Dean Edward Rice,] at [his] residence." Dean Rice was arrested on a felony charge of possession of marijuana with the intent to deliver, I.C. § 37-2732. His motion to suppress the evidence was denied. After plea negotiations, Rice entered a conditional plea of guilty to simple possession of marijuana, a misdemeanor. The conditional plea was entered pursuant to I.C.R. 11(a)(2), reserving the right, on appeal, to seek review of the court's order denying his motion to suppress. Rice was granted probation under an order withholding judgment of conviction. He appeals, contending the district court erred in refusing to suppress the evidence seized under the warrant.
Rice moved to suppress the evidence upon the basis that the search warrant was issued without probable cause. The district court agreed that probable cause was lacking. The court held that the information supplied by an anonymous informant which was not corroborated or verified by the police or by other equally reliable identified informants (except for facts which could be easily obtained by anyone who knew the suspect) was insufficient on its face to establish probable cause for the search, citing Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983) and State v. Lang, 105 Idaho 683, 672 P.2d 561 (1983). Because the state prevailed on the suppression issue, the state has not cross-appealed from the district court's conclusion that the information in the officer's affidavit was insufficient to establish probable cause to issue the warrant. The state submits, however, that, arguably, there was probable cause for the warrant. We disagree. The affidavit in this case shows that the police simply relied upon statements from two unknown informants. These statements tended to corroborate each other and they contained specific information regarding addresses, automobile ownership, etc., which...
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