407 P.3d 1285
Idaho2017Background
- Ada County probation officers performed a warrantless residence verification of probationer James Cook; Cook had consented to searches as a condition of probation. Appellant Jason Downing was a guest at the residence.
- Officers found Cook hiding, secured him, sat Downing and another guest on a couch, and found drug paraphernalia visible in the garage during a brief initial search.
- Probation officers called for Boise Police backup; before police arrived, a probation officer asked Downing (pre-Miranda) whether he had smoked methamphetamine, and Downing said yes. The district court suppressed those pre-Miranda admissions.
- Boise Police Officer Holtry arrived, briefly secured the scene, read Downing his Miranda rights, and performed a pat-search of Downing that produced a small bag of methamphetamine from Downing’s pocket.
- Holtry then questioned Downing, who admitted post-Miranda to using meth that day; Downing was arrested for frequenting and possession.
- Downing moved to suppress the drugs and his statements to Holtry; the district court denied suppression of those items. The Idaho Supreme Court vacated the conviction, holding the pat-search and derivative admissions should have been suppressed.
Issues
| Issue | State's Argument | Downing's Argument | Held |
|---|---|---|---|
| Whether officers could detain non-probation third parties during a probationary warrantless residence search (relying on Summers) | Summers factors apply; officers may detain persons found on premises during a search | Probation searches differ from warrant-based searches; Summers is not controlling here | Court avoided deciding broader Summers question; suppression warranted on other grounds |
| Whether Officer Holtry’s pat-search of Downing was a permissible Terry frisk for officer safety | Totality (night, confusion, report someone had used meth, erratic behavior by probationer) justified frisk | No particularized reasonable suspicion that Downing was armed/dangerous; he had been cooperative; no weapon indicia | Pat-search was unreasonable; insufficient particularized suspicion as to Downing |
| Whether Downing’s post-Miranda admissions to Holtry were admissible despite unlawful pat-search (attenuation) | Admissions were attenuated or independent | Admissions were the direct fruit of the illegal frisk and seizure; not attenuated | Admissions were not sufficiently attenuated and should have been suppressed |
| Whether inevitable discovery or independent-source doctrines permit admission of the seized drugs | Even absent frisk, Downing was present in a house where drugs were found and would have been arrested for frequenting (I.C. § 37-2732(d)) | The suppressed admissions and seized drugs cannot be used to establish probable cause; mere presence with paraphernalia does not prove knowledge required for frequenting | Inevitable discovery does not apply; State failed to prove probable cause independent of tainted evidence |
Key Cases Cited
- Michigan v. Summers, 452 U.S. 692 (warrant-based detention of occupants during execution of a search warrant)
- Terry v. Ohio, 392 U.S. 1 (establishing reasonable suspicion standard for investigatory stops and frisk for officer safety)
- Wong Sun v. United States, 371 U.S. 471 (fruits of unlawful searches/seizures are generally inadmissible)
- Nix v. Williams, 467 U.S. 431 (establishing the inevitable discovery exception to the exclusionary rule)
- State v. Bishop, 146 Idaho 804 (Idaho case discussing factors relevant to frisks and officer safety)
- State v. Crabb, 107 Idaho 298 (frequenting/arrest discussion: mere presence at suspected drug location insufficient for arrest)