State v. Wilson, 22142

• Decision Date: 24 March 1997
• Docket Number: No. 22142,22142
• Citation: 130 Idaho 213,938 P.2d 1251
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Michael WILSON, Defendant-Appellant.
• Court: Idaho Court of Appeals

Page 1251

938 P.2d 1251

130 Idaho 213

STATE of Idaho, Plaintiff-Respondent, v. Michael WILSON, Defendant-Appellant.

No. 22142.

Court of Appeals of Idaho.

March 24, 1997.

Petition for Review Denied

June 19, 1997.

Rude, Jackson & Daugherty, Coeur d'Alene, for defendant-appellant. Dan J. Rude, argued.

Alan G. Lance, Attorney General; Michael A. Henderson, Deputy Attorney General (argued), Boise, for plaintiff-respondent.

LANSING, Judge.

This appeal challenges a district court's refusal to suppress evidence gathered pursuant to federal and state search warrants. Defendant Michael Wilson contends that the evidence presented to the federal and state magistrates in support of the warrant applications did not demonstrate probable cause for issuance of the warrants. We conclude that probable cause was shown, and therefore affirm the denial of Wilson's motion.

I. FACTS

On June 23, 1994, an express mail package was mailed from Oceanside, California, to Wilson at his address in Coeur d'Alene, Idaho. On June 25, United States postal inspectors in Spokane, Washington, intercepted the package because they believed it exhibited certain characteristics indicating that it might contain contraband. The postal inspectors temporarily detained the package to have it sniffed by a narcotics dog. The dog alerted on the package. On June 28, 1994, a federal magistrate issued a search warrant based on the affidavit of J.K. Mullins, a postal inspector. The warrant authorized federal agents to open the package. In doing so, they found that the package contained approximately two pounds of marijuana. The parcel was then resealed and sent for delivery to Wilson.

On the same day, Inspector Mullins contacted Lori Putnam, a special agent with the Idaho Bureau of Narcotics. Inspector Mullins informed Agent Putnam about the package which was destined for delivery in Coeur d'Alene. Later that day, and shortly after the package was delivered to Wilson's residence, Agent Putnam appeared before a state magistrate in Kootenai County, Idaho. After a probable cause hearing, at which Agent Putnam testified under oath, the state magistrate signed a warrant authorizing the search of Wilson's residence. The ensuing search revealed the presence of two pounds of marijuana, scales, and packaging materials. Wilson was charged by the Kootenai County prosecutor with possession of a controlled substance with the intent to deliver, I.C. § 37-2732(a)(1)(B). Wilson filed a motion to suppress the evidence found in the search of his home on the grounds that the information supplied to both the federal magistrate and the Kootenai County magistrate was insufficient to justify issuance of the respective warrants. The district court denied Wilson's motion, finding that both the federal and state warrants were properly issued. Wilson then entered a conditional plea of guilty, reserving his right to appeal from the district court's denial of his motion to suppress. This appeal followed.

II. Analysis

In evaluating the sufficiency of evidence to support federal search warrants and state search warrants, the same standards apply. Under the Fourth Amendment to the United States Constitution and Art. I, § 17 of the Idaho Constitution, a search warrant may be issued only upon a finding of probable cause to believe that contraband or evidence of a crime will be found in the place to be searched. Illinois v. Gates, 462 U.S. 213, 237-38, 103 S.Ct. 2317, 2331-32, 76 L.Ed.2d 527 (1983); Dunlap v. State, 126 Idaho 901, 907, 894 P.2d 134, 140 (Ct.App.1995); State v. Mason, 111 Idaho 916, 918, 728 P.2d 1325, 1327 (Ct.App.1986). To determine whether probable cause exists, a magistrate must employ the "totality of the circumstances" standard set forth in Gates. Under this standard,

[t]he task of the issuing magistrate is simply to make a practical, commonsense decision whether, given all the circumstances set forth in the affidavit before him, including the "veracity" and "basis of knowledge" of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.

Gates, 462 U.S. at 238, 103 S.Ct. at 2332. See also State v. Lang, 105 Idaho 683, 684, 672 P.2d 561 (1983); State v. Bulgin, 120 Idaho 878, 881, 820 P.2d 1235, 1238 (Ct.App.1991). A magistrate's evaluation of probable cause is based upon the facts set forth in an affidavit or any sworn, recorded testimony given in support of the search warrant. I.C.R. 41; State v. Oropeza, 97 Idaho 387, 545 P.2d 475 (1976). The evidence offered in support of a warrant may include hearsay, provided there is "a substantial basis for crediting the hearsay." United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 745, 13 L.Ed.2d 684 (1965), quoting Jones v. United States, 362 U.S. 257, 272, 80 S.Ct. 725, 736, 4 L.Ed.2d 697 (1960); State v. Wengren, 126 Idaho 662, 666, 889 P.2d 96, 100 (Ct.App.1995). The factors to be considered by the magistrate include the reliability of, and the basis of knowledge of, persons who have supplied the information that is related by the affiant or witness. Gates, supra; Dunlap, 126 Idaho at 907, 894 P.2d at 140; State v. Prestwich, 110 Idaho 966, 968, 719 P.2d 1226, 1228 (Ct.App.1986). If a search is conducted pursuant to a warrant, the burden of proof is on the defendant to show that the search was invalid. State v. Kelly, 106 Idaho 268, 275, 678 P.2d 60, 67 (Ct.App.1984).

When probable cause to issue a search warrant is questioned on appeal, the reviewing court's function is to ensure that the magistrate had a substantial basis for concluding that probable cause existed. Gates, 462 U.S. at 239, 103 S.Ct. at 2332-33; Lang, supra; State v. Josephson, 123 Idaho 790, 792, 852 P.2d 1387, 1389 (1993). In this evaluation, great deference is paid to the magistrate's determination. Gates, 462 U.S. at 236, 103 S.Ct. at 2331; Spinelli v. United States, 393 U.S. 410, 419, 89 S.Ct. 584, 590-91, 21 L.Ed.2d 637 (1969); Josephson, supra.

A. Application for the Federal Search Warrant

Here, the issuance of the federal search warrant was based solely upon an affidavit signed by Postal Inspector Mullins. The affidavit stated that "U.S. Postal Inspection personnel" intercepted the package which "appeared suspicious." The affidavit also described characteristics of this parcel and its mailing label, and similar characteristics of previous mailings to Wilson's address, that made the packages suspicious. It said that a check with "postal sources" at the post office where the mailing originated disclosed that the return address was fictitious. Mullins' affidavit also described the training and experience of the Spokane police department's drug-sniffing dog that was used in the investigation and said that the dog alerted to the suspect parcel.

Wilson argues that this affidavit was insufficient to support a search warrant because Mullins did not explain in the affidavit which facts, other than a description of his own training and experience, were based upon his own personal knowledge and which facts were hearsay information from other sources. Because the affidavit did not state whether Mullins personally viewed the package and its label or the prior suspicious packages, did not disclose the identity of postal sources contacted for information, and did not identify the source of information regarding the drug dog's training and experience, Wilson asserts that the affidavit could not be properly relied upon by the magistrate.

Wilson seeks imposition of unduly stringent and technical requirements for search warrant affidavits. Affidavits for search warrants "should not be reviewed and tested in a hypertechnical manner." State v. Gomez, 101 Idaho 802, 805, 623 P.2d 110, 113 (1981). Rather, such affidavits must be tested and interpreted by both the magistrate and a reviewing appellate court, "in a commonsense and realistic fashion." Ventresca, 380 U.S. at 108, 85 S.Ct. at 746; State v. Guinn, 114 Idaho 30, 35, 752 P.2d 632, 637 (Ct.App.1988). The magistrate is entitled to draw reasonable inferences from the evidence presented. Gates, 462 U.S. at 240, 103 S.Ct. at 2333. The affidavit of a law enforcement agent which does not specifically identify each source may, nonetheless, be...