State v. Anthony Robert Bonilla, 161 Idaho 902

Officers surveilled a residence on a tip about a possible mobile meth lab; a contact officer saw a shotgun in the rear of a brown Chevy Blazer as its lift gate opened.
Officer Reimers (canine unit) and the contact officer followed the Blazer, observed traffic violations, and initiated a traffic stop; Bonilla briefly refused then complied with an order to exit.
During the encounter Officer Reimers saw a Maglite on the floorboard, asked for consent to search Bonilla for weapons, and Bonilla consented; the officer lifted Bonilla’s shirt to inspect the waistband and observed a baggie of marijuana.
Bonilla was arrested; a subsequent search incident to arrest of the vehicle uncovered methamphetamine, multiple controlled pills, a digital scale, and a shotgun.
Bonilla moved to suppress the evidence and his statements; the district court denied the motion. He pleaded guilty conditionally to possession with intent to deliver methamphetamine and unlawful possession of a firearm and was sentenced to concurrent terms.
On appeal Bonilla argued (1) the search exceeded a Terry pat-down or the scope of his consent, and (2) the sentence was an abuse of discretion.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether lifting shirt to inspect waistband exceeded Terry pat-down or consent	Bonilla: lifting shirt exceeded a weapons "pat-down" and thus was unconstitutional	State: Bonilla consented to a weapons search; lifting shirt to view waistband was within that consent	Court: Consent to search for weapons was proven; lifting shirt to check waistband was within scope of consent and objectively reasonable
Whether vehicle search must be suppressed as fruit of unlawful person search	Bonilla: vehicle search flowed from unconstitutional person search and must be suppressed	State: vehicle search was incident to lawful arrest once marijuana was observed on person	Court: Because person search was lawful, vehicle search was valid as incident to arrest (Thornton)
Whether district court abused sentencing discretion	Bonilla: sentence was excessive/unreasonable	State: sentence was within statutory range and based on proper considerations	Court: No abuse of discretion; court considered offense, offender, and public protection; sentence affirmed

Terry v. Ohio, 392 U.S. 1 (establishes stop-and-frisk standard for officer safety)
Florida v. Jimeno, 500 U.S. 248 (scope of consent measured by objective reasonableness)
Thornton v. United States, 541 U.S. 615 (vehicle search incident to a recent occupant's lawful arrest)
State v. Tyler, 153 Idaho 623 (Idaho Ct. App. 2012) (consent principles and State burden to prove consent)