State v. Wright

• Decision Date: 25 February 2000
• Docket Number: No. 24669.,24669.
• Citation: 134 Idaho 73,996 P.2d 292
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Andrea C. WRIGHT, Defendant-Appellant.
• Court: Idaho Supreme Court

996 P.2d 292

134 Idaho 73

STATE of Idaho, Plaintiff-Respondent, v. Andrea C. WRIGHT, Defendant-Appellant.

No. 24669.

Supreme Court of Idaho, Twin Falls, November 1999 Term.

February 25, 2000.

Marilyn B. Paul, Jerome, for appellant.

Hon. Alan G. Lance, Attorney General; Rebekah A. Cude, Deputy Attorney General, Boise, for respondent. Rebekah A. Cude argued.

SILAK, Justice.

Appellant Andrea C. Wright (A.Wright) appeals the district court's denial of a motion to suppress evidence, from the sentence imposed, and the denial of a Rule 35 motion for reduction of sentence. We affirm.

I. FACTS AND PROCEDURAL BACKGROUND

A. Factual Background

On September 5, 1997, A. Wright was a passenger in a pick-up truck driven by her husband, Eugene W. Wright (E.Wright), when they were stopped by Jerome County Sheriff's Deputy, Jason Pietrzak (Pietrzak), for E. Wright's failure to signal while making a turn. Upon stopping the vehicle, Pietrzak approached the driver's side and asked E. Wright for his driver's license, registration and proof of insurance. E. Wright claimed to have lost his wallet, which he stated contained $700.00. E. Wright then found the registration, and Pietrzak asked E. Wright to write down his birth date on the registration card. At this time, Pietrzak noticed a large knife on the dashboard of the truck and instructed E. Wright not to reach for any weapons. Pietrzak instructed E. Wright to remain in his vehicle and returned to the patrol car to call for backup. While waiting for backup to arrive, Pietrzak discovered that E. Wright's driving privileges had been suspended. Deputy Corder (Corder) arrived, and E. Wright was subsequently arrested for driving without privileges. While conducting a search incident to the arrest, Pietrzak found three pocketknives on E. Wright's person.

As Pietrzak returned to the pick-up truck after E. Wright's arrest, A. Wright voluntarily exited the truck and began walking toward the back of the truck carrying a plastic bag of vegetables and a black purse. A. Wright placed the bag of vegetables in the back of the truck and began to clutch the purse. When both deputies asked A. Wright if they could look in the purse, she refused, became uncooperative and nervous. In referencing her purse, A. Wright stated, "I've got some weapons in there, don't touch me." At that point, Pietrzak stated, "we're going to handcuff you for our safety and your safety." A. Wright told the deputies that she would get the weapons out of the purse for them, and started to reach into her purse. Pietrzak took the purse from A. Wright and Corder placed her in handcuffs.

A search of the purse by Pietrzak revealed a handgun; several pocket knives; 46.4 grams of methamphetamine packaged in small, individual containers; five marijuana cigarettes; a plastic bag containing 5.4 grams of marijuana; and E. Wright's wallet, which contained $700 in cash and what appeared to be a ledger.

B. Procedural Background

On September 8, 1997, A. Wright was charged with trafficking methamphetamines. On November 6, 1997, A. Wright moved to suppress the evidence obtained in the search of the purse and all statements made by her. On December 3, 1997, the district court issued an order denying the motion to suppress. A. Wright later entered a Rule 11 conditional guilty plea to trafficking in methamphetamine, preserving her right to appeal the district court's order denying her motion to suppress. The district court sentenced A. Wright to a unified twelve-year sentence with five years fixed. A. Wright subsequently filed a Rule 35 motion for reduction of sentence, which was denied. A. Wright appeals the denial of her motion to suppress and the denial of her Rule 35 motion.

II. ISSUES ON APPEAL

The appellant presents the following issues on appeal:

A. Whether the district court erred in denying A. Wright's motion to suppress.

B. Whether the district court abused its discretion in sentencing A. Wright.

C. Whether the district court abused its discretion in denying A. Wright's Rule 35 motion.

III. STANDARD OF REVIEW

The standard of review of a district court's denial of a motion to suppress is twofold. The appellate court will not overturn the trial court's factual findings unless they are clearly erroneous. However, the application of constitutional standards to the facts found by the district court is given free review. See State v. DuValt, 131 Idaho 550, 552-53, 961 P.2d 641, 643-44 (1998); State v. Bush, 131 Idaho 22, 28, 951 P.2d 1249, 1255 (1997).

In reviewing whether the district court abused its discretion in sentencing, this Court "conducts an independent review of the record, focusing on the nature of the offense, the character of the offender, and the protection of the public interest." State v. McAway, 127 Idaho 54, 61, 896 P.2d 962, 969 (1995). The Court must consider: (1) the protection of society; (2) deterrence of the defendant and others; (3) the possibility of the defendant's rehabilitation; and (4) punishment or retribution for the defendant in determining whether the sentence is excessive under any reasonable view of the facts. Id. However, the Court will not substitute its view for that of the sentencing judge if the situation is such that reasonable minds might differ. See State v. Newman, 124 Idaho 415, 418, 860 P.2d 618, 621 (1993). The Court also considers the fixed portion of a sentence imposed under the Unified Sentencing Act to be the term of confinement for the purpose of appellate review. Id. A clear abuse of discretion is shown only if the defendant establishes that, considering the sentencing objectives, the sentence is excessive under any reasonable view of the facts. See State v. Broadhead, 120 Idaho 141, 145, 814 P.2d 401, 405 (1991),overruled on other grounds, State v. Brown, 121 Idaho 385, 825 P.2d 482 (1992).

In reviewing a district court's denial of a motion for reduction of sentence under I.C.R. 35, this Court examines the record before it, including evidence presented in connection with the motion to determine whether the district court abused its discretion in denying the leniency requested. See State v. Wersland, 125 Idaho 499, 504, 873 P.2d 144, 149 (1994).

IV. ANALYSIS

A. The District Court Properly Denied A. Wright's Motion To Suppress On The Basis That The Search Of Her Purse Was Lawful Under Terry v. Ohio.

We affirm the district court's order denying A. Wright's motion to suppress on the basis that the warrantless search of her purse was legal as part of a investigatory Terry stop and frisk.

In Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968), the United States Supreme Court acknowledged the right of police to stop and question an individual absent sufficient probable cause to make an arrest. 392 U.S. at 30, 88 S.Ct. at 1884, 20 L.Ed.2d at 911. This Terry detention standard has been adopted in Idaho and has been explained by this Court as follows:

An individual who is accosted by a police officer and has his freedom to walk away restrained has been seized. Not 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. 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.

State v. Rawlings, 121 Idaho 930, 932, 829 P.2d 520, 522 (1992) (citations omitted).

If the police officer's suspicions are "confirmed or further aroused, the stop may be prolonged and the scope of the investigative stop enlarged." State v. Johns, 112 Idaho 873, 877, 736 P.2d 1327, 1331 (1987). Thus, this Court has concluded that the "`proper inquiry is to look at the totality of the circumstances and ask whether the facts available to the officers at the time of the stop gave rise to a reasonable suspicion, not probable cause to believe, that criminal activity may be afoot.'" DuValt, 131 Idaho at 553, 961 P.2d at 644 (quoting State v. Gallegos, 120 Idaho 894, 897, 821 P.2d 949, 952 (1991)). This standard is less demanding than a probable cause standard. Id.

Once a lawful stop has been made, an officer may conduct a limited self-protective pat down search of a detainee and remove anything that feels like a weapon. See Johns, 112 Idaho at 876-77, 736 P.2d at 1330-31. "Such a search is allowed to permit a police officer to conduct the inquiry without fear of violence being inflicted upon the officer's person." Rawlings, 121 Idaho at 933, 829 P.2d at 523. Whether an officer may reasonably justify such a search is evaluated in light of the "facts known to the officers on the scene and the inference of the risk of danger reasonably drawn from the totality of the circumstances." State v. Simmons, 120 Idaho 672, 676, 818 P.2d 787, 791 (Ct.App. 1991). Additionally, based upon the specific facts of the situation and the reasonable inferences drawn therefrom, police officers are entitled to engage in the use of handcuffs in limited investigatory stops to maintain their safety:

If the use of the handcuffs is a reasonable precaution to ensure the officers' safety, the use of the handcuffs is warranted during the limited stop. If the investigative detention becomes unreasonable, the detention is transformed into an arrest. In determining if the detention becomes unreasonable, the court is to consider: (1) the duration of the invasion imposed by the additional restriction; and (2) the law enforcement purposes served.

DuValt, 131 Idaho at 554, 961 P.2d at 645 (citations omitted).

Appellant argues that the search of her purse was illegal and did not fall within the purview of Terry v. Ohio because the evidence did not indicate a basis upon which the deputies had a reasonable suspicion of criminal activity. To support this assertion, A. Wright states that...