State v. Thurman

Citation134 Idaho 90,996 P.2d 309
Decision Date21 December 1999
Docket NumberNo. 25356.,25356.
PartiesSTATE of Idaho, Plaintiff-Respondent, v. Raymond T. THURMAN, Defendant-Appellant.
CourtCourt of Appeals of Idaho

White, Peterson, Pruss, Morrow & Gigray, P.A., for Appellant. D. Sam Johnson argued.

Alan G. Lance, Attorney General; Alison A. Stieglitz, Deputy Attorney General, Boise, for Respondent. Alison A. Stieglitz argued.

SCHWARTZMAN, Judge.

Raymond T. Thurman conditionally pled guilty to one count of unlawful possession of a mule deer doe and one count of unlawful possession of a mule deer fawn, I.C. § 36-502, after his motion to suppress the evidence was denied by the magistrate. Thurman appealed to the district court, which affirmed the magistrate's decision. Thurman again appeals, asserting that his right to be free from unlawful intrusions was infringed, in violation of both the United States and Idaho Constitutions, by an Idaho Department of Fish and Game (IDFG) officer who stopped him at an impromptu checkpoint.

Thurman claims that: (1) the officer lacked the authority to conduct the check station in the manner it was conducted; (2) the officer did not have an individualized reasonable suspicion that Thurman had violated a fish and game regulation before he was stopped; and (3) on the facts of this case, Thurman's interest in individual liberty outweighs the public's interest in managing its wildlife. We affirm the magistrate's denial of Thurman's motion to suppress.

I. FACTS AND PROCEDURE

IDFG Officer Jeff Day set up a fish and game check station on a straight stretch of rural gravel road in Owyhee County on October 29, 1997, after receiving authorization from his supervisor. The check station was located in Unit 40, approximately two miles from the town of Oreana and eight miles from Highway 78. At this time, a two point or less mule deer hunt was open in Unit 40, and the chosen road was frequently traveled by hunters and ranchers. Officer Day felt that this position would give him the best opportunity to encounter both legal and illegal hunters.1 Officer Day set up a reflective caution sign about one hundred yards before the stopping area that read "Caution—Idaho Fish and Game Check Station Ahead." At the stopping area itself, he set up another reflective sign that simply read "Stop." Officer Day set up the check station at 2:30 p.m. and operated it by himself until approximately 8:00 p.m. He chose these times because it was when more hunters would likely be encountered. He stopped all sixteen vehicles that passed the check station during this timeframe. Officer Day encountered thirty people at his check station, sixteen of which were hunters. Officer Day asked the same two questions of every passerby: (1) Are you hunting today? and (2) Are you transporting any fish or game?

Thurman approached the check station at approximately 7:50 p.m., after the sun had gone down. Officer Day, in uniform, turned on his blue overhead light and stepped out of his truck. The reflective Idaho Department of Fish and Game door emblem was visible to oncoming traffic because his truck was parked perpendicular to the road. Thurman sped up as he drove by the check station and came close to hitting Officer Day. Officer Day got back in his truck and pursued Thurman, with his blue overhead light flashing, for about a mile before Thurman stopped.

Thurman exited his truck and quickly walked back toward Officer Day. When asked if he saw the check station, Thurman simply responded, "I'm sorry." Thurman was asked the same questions Officer Day had asked of every other passerby. Thurman responded that he had not been hunting and did not have any fish or game in his possession. However, Officer Day noticed what appeared to be blood on Thurman's pants and asked Thurman if he could look in his camper, to which Thurman responded, "yes."

Thurman insisted he had been rock collecting, but inside the camper Officer Day found a mule deer doe under a tarp. Officer Day wrote Thurman a citation for possession of the illegally taken doe and failure to stop at the check station and began to remove the doe from Thurman's camper. He subsequently found a mule deer fawn and issued Thurman another citation.

Thurman thereafter filed a motion to suppress the evidence discovered at the check station stop. At the suppression hearing, Officer Day testified to the above matters. Thurman argued that the stop conducted by Officer Day violated his Fourth Amendment rights under the United States Constitution and his counterpart rights under Article I, § 17 of the Idaho Constitution. The magistrate denied Thurman's motion to suppress, ruling that Officer Day's check station was a routine check station permitted by I.C. § 36-1201(b) and was proper. Thurman filed a motion to reconsider, which was denied after a hearing. Thurman then entered conditional pleas of guilty to the unlawful possession of a mule deer doe and fawn charges, in exchange for the state's agreement to dismiss the charge of failing to stop at an IDFG check station.

Thurman appealed the denial of his motion to suppress to the district court, which affirmed the magistrate. Thurman now appeals to this Court.

II. THE MAGISTRATE CORRECTLY DENIED THURMAN'S MOTION TO SUPPRESS
A. Standard Of Review

When this Court reviews an intermediate appellate decision of the district court, we examine the record that was before the magistrate. We will review the district court's decision and order for any useful insights; however our focus is on the magistrate's decision and the record upon which it was based. State v. Doe, 130 Idaho 811, 814, 948 P.2d 166, 169 (Ct.App.1997), citing State v. Carr, 128 Idaho 181, 183, 911 P.2d 774, 776 (Ct.App.1995)

; State v. Hardman, 120 Idaho 667, 668, 818 P.2d 782, 783 (Ct.App.1991). We review the record independently, giving due regard to the decision of the district court. State v. Thompson, 130 Idaho 819, 821, 948 P.2d 174, 176 (Ct.App.1997),

citing State v. Bitt, 118 Idaho 584, 585 n. 1, 798 P.2d 43, 44 n. 1 (1990); State v. Van Sickle, 120 Idaho 99, 101, 813 P.2d 910, 912 (Ct.App. 1991).

When we review a magistrate decision denying a motion to suppress, we defer to the findings of fact unless they are not supported by substantial and competent evidence in the record. State v. DuValt, 131 Idaho 550, 552-52, 961 P.2d 641, 643-44 (1998). However, we freely review the magistrate's determination of whether constitutional requirements were met in light of all the facts. Id.; State v. McAfee, 116 Idaho 1007, 1008, 783 P.2d 874, 875 (Ct.App.1989).

B. The Check Station Was Statutorily Authorized Under I.C. 36-103(b) And I.C. § 36-1201(b)

The Idaho legislature has provided statutory authority to the Idaho Department of Fish and Game to conduct routine check stations.2 I.C. § 36-103(b); I.C. § 36-1201(b). In addition to and pursuant to this statutory authority, the IDFG has adopted internal policy guidelines for the establishment of impromptu check stations. These guidelines list their objectives as: (1) to collect fish and game management information; (2) to make personal contact and provide information to large numbers of the fishing and hunting public; and (3) to apprehend fish and game violators and deter violations by providing information and through the psychological effect of frequent checks at various locations. The guidelines require an officer to get prior authorization before setting up a check station. Impromptu check stations set up on gravel or dirt roads "must be established at a point on the roadway clearly visible at a distance of not less than 100 yards in either direction"; have "a sign or signs ... placed on the roadway displaying the word "stop" in letters of sufficient size and luminosity to be readable at a distance of not less than fifty yards either in daytime or darkness"; and must have "at least one (1) blue light ... at the side of the roadway which shall be flashing." Officer Day's impromptu check station complied with the above guidelines.3 As stated previously, Officer Day set up the check station on a straight stretch of roadway and placed a reflective sign one hundred yards from the stopping area indicating to motorists that an IDFG check station lay ahead. He also placed a clearly visible, reflective "stop" sign just before the stopping area and had his blue overhead light flashing. Officer Day was in full uniform and parked his truck perpendicular to the roadway, displaying the reflective IDFG emblem affixed to the truck's door. The impromptu check station guidelines additionally provide that "no check stations will be established and operated in a manner that will detain non-hunters or non-fishermen unnecessarily. Generally, anything other than quickly determining whether the vehicle occupants have been hunting or fishing could be considered unnecessary delay." This is precisely what Officer Day did on the day in question—quickly determine if vehicle occupants had been fishing or hunting. Officer Day acted reasonably pursuant to statutory authority and in substantial conformance with IDFG policy guidelines.

The check station was narrowly focused to advance the public's interest in wildlife preservation, protection, perpetuation and management, in stark contrast to the check station struck down in State v. Medley, 127 Idaho 182, 898 P.2d 1093 (1995). In Medley, the IDFG officer in charge of the check station issued a "blanket invitation" to any additional law enforcement agency that wished to participate so that violations of laws not pertaining to fish and game could be detected. These other agency intrusions were in no way related to advancing the public's interest in wildlife management. Such is not the case before us. We hold that the check station set up by Officer Day was statutorily authorized and in compliance with I.C. §§ 36-103(b) and 36-1201(b).

C. Application of Brown's Three-Factor Balancing Test Shows that this...

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