State v. Jessica L. Wenzel
162 Idaho 474
| Idaho Ct. App. | 2017Background
- Officers executed a search warrant at a residence; during the search they opened a purse found in the area where appellant Jessica Wenzel had been sleeping and discovered hydrocodone pills.
- Wenzel was an overnight guest at the residence and was escorted outside while the search was conducted; she testified she asked to take her purse and was denied, but officers denied remembering any such request.
- Wenzel was charged with possession of a controlled substance and moved to suppress the pills found in her purse as outside the scope of the premises search warrant.
- The district court found the officers credible that Wenzel did not request the purse, concluded she had standing as an overnight guest, but ruled the purse search fell within the warrant’s scope and denied suppression.
- Wenzel entered a conditional guilty plea and appealed the denial of the suppression motion.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Wenzel) | Held |
|---|---|---|---|
| Whether the search of Wenzel’s purse exceeded the scope of a premises search warrant | Purse was within the scope because it was on the premises and could contain evidence described in the warrant; Wenzel was an overnight guest with a sufficient relationship to the premises | Purse was personal property of an overnight guest not described in the warrant; officers had no individualized suspicion and knew (or should have known) the purse belonged to Wenzel; Bulgin was misapplied | Affirmed: search lawful. An overnight guest’s personal effects on the premises may be searched under a premises warrant; purse was within scope |
Key Cases Cited
- United States v. Ross, 456 U.S. 798 (warrant-authorized premises searches may include containers reasonably capable of concealing described items)
- United States v. Young, 909 F.2d 442 (11th Cir.) (adopting relationship test for visitors’ personal effects in premises searches)
- State v. Bulgin, 120 Idaho 878 (Idaho Ct. App.) (adopting relationship test: personal effects of overnight guests subject to premises search)
- State v. Atkinson, 128 Idaho 559 (standard of review for suppression decisions)
- State v. Valdez-Molina, 127 Idaho 102 (trial court’s credibility findings at suppression hearings)
- State v. Schevers, 132 Idaho 786 (trial court’s role in weighing evidence at suppression hearings)