State v. Hansen
151 Idaho 342
Idaho2011Background
- Kirsch, a probationer, listed Hansen's address on a probation intake form and was located near Hansen's property when officers came to arrest him for a probation violation.
- Kirsch later claimed to live in an RV on Hansen's property, roughly 50–75 yards away, which lacked power and water hookups.
- Kirsch and another man staying in Hansen's home indicated Kirsch could enter Hansen's house to shower and use the telephone.
- Kirsch's probation required consent to searches of his person, automobile, real property, and other property, which the officers relied upon to search the common areas of Hansen's home without a warrant.
- During the warrantless search of the common areas, officers found a syringe believed to contain methamphetamine and other paraphernalia in Hansen's bathroom.
- The syringe and paraphernalia were used to obtain a search warrant for the remainder of Hansen's home, leading to discovery of additional drugs and paraphernalia.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrantless search was validly consented | Hansen: Kirsch lacked authority to consent. | State: Kirsch had actual or apparent authority to consent. | Consent was valid under apparent authority; warrantless search upheld. |
| Whether the warrant for the rest of the home was supported by probable cause | Hansen: evidence from initial search did not establish probable cause for full home search. | State: syringe and paraphernalia provided probable cause for warrant. | Probable cause supported issuing a warrant for the remainder of the house. |
Key Cases Cited
- State v. Purdum, 147 Idaho 206 (2009) (probationer consent to searches waives Fourth Amendment rights)
- State v. Gawron, 112 Idaho 841 (1987) (probationary search authority recognized)
- State v. McCaughey, 127 Idaho 669 (1995) (apparent authority standard for consent)
- United States v. Matlock, 415 U.S. 164 (1974) (mutual use and apparent authority for third-party consent)
- State v. Barker, 136 Idaho 728 (2002) (co-inhabitants’ authority to consent)
- State v. Brauch, 133 Idaho 215 (1999) (objective reasonableness of apparent authority)
- State v. Yager, 139 Idaho 680 (2004) (probable cause deferential standard to magistrates)
- State v. Nunez, 138 Idaho 636 (2003) (probability and totality-of-circumstances in warrant decisions)