429 P.3d 1242
Idaho Ct. App.2018Background
- Officer stopped Daily after observing traffic violations; Daily was sole occupant. Officer observed an open, cool can in the center console, a warm empty can on the passenger floor, and unopened alcohol in the back seat.
- Records check revealed an outstanding failure-to-appear warrant; Daily was arrested on the warrant.
- After arrest, officers searched the vehicle using keys in the ignition. They retrieved the open cans and unlocked the glove box, finding a syringe with cloudy liquid, small bags of powder, cash, a scale, and a pouch with a spoon.
- Daily was charged with possession of a controlled substance and paraphernalia and moved to suppress all evidence from the vehicle; the district court granted the motion, concluding the glove box search was not justified under the automobile exception.
- The State appealed, arguing the automobile exception permitted searching the glove box because the open container in plain view in the center console provided probable cause to search any part of the vehicle that could conceal additional open containers.
- The Court of Appeals reversed the district court, holding the glove box search was lawful under the automobile exception because an open container could reasonably be in the glove box and individualized probable cause for that container was not required.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the automobile exception justified searching the glove box | State: open container in plain view created probable cause to search any part of the car that could hold additional open containers | Daily: no reasonable basis to believe an open container would be in the glove box; no odor, no DUI investigation, only one occupant | Court: Yes. Probable cause to search the vehicle for open containers extended to containers (including glove box) that might hold such evidence under Ross/Houghton |
Key Cases Cited
- Carroll v. United States, 267 U.S. 132 (establishes automobile exception for warrantless vehicle searches)
- United States v. Ross, 456 U.S. 798 (scope of vehicle search under automobile exception includes containers that may conceal the object of the search)
- Wyoming v. Houghton, 526 U.S. 295 (probable cause to search vehicle permits searching containers without individualized probable cause)
- State v. Gallegos, 120 Idaho 894 (Idaho recognition of automobile exception)
- State v. Weaver, 127 Idaho 288 (warrantless searches presumed unreasonable; exceptions must justify search)