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276 P.3d 740
Idaho Ct. App.
2012
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Background

  • Stewart was stopped for failure to signal; she was uninsured and driving on a suspended license.
  • An officer arrested Stewart custodially and arranged for a tow to impound the vehicle.
  • Before the tow arrived, the officer conducted an inventory search and found marijuana and methamphetamine in a tin.
  • Stewart admitted the drugs were hers but denied using methamphetamine, claiming intent to sell.
  • Stewart moved to suppress the stop, impoundment, and inventory search; the district court denied the motion.
  • Stewart pled guilty to methamphetamine possession with intent to deliver and driving without privileges, with the marijuana charge dismissed.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the impoundment and inventory search complied with the Fourth Amendment Stewart Stewart Yes; impoundment and inventory search were reasonable under Fourth Amendment.
Whether the impoundment was reasonable given the vehicle’s location and uninsured status Stewart Stewart Yes; vehicle in public gas-station lot, uninsured, high risk of theft/damage; impoundment reasonable.
Whether the officer needed Watch Commander approval for impoundment Stewart Stewart No; standing approval sufficed and failure to obtain individual approval did not render search unreasonable.
Whether noncompliance with department policy renders the inventory search per se unreasonable Stewart Stewart No; policy noncompliance does not automatically invalidate an inventory search.

Key Cases Cited

  • State v. Weaver, 127 Idaho 288 (1995) (inventory searches may be valid when supported by reasonable grounds; general rule on reasonable searches)
  • State v. Foster, 127 Idaho 723 (1995) (impoundment must be reasonable; taints inventory search if not)
  • Florida v. Wells, 495 U.S. 1 (1990) (inventory searches are not per se invalid when not a pretext; must have criteria)
  • South Dakota v. Opperman, 428 U.S. 364 (1976) (inventory search as legitimate police function to protect property and safety)
  • Illinois v. Lafayette, 462 U.S. 640 (1983) (limits and purposes of inventory searches)
  • Cady v. Dombrowski, 413 U.S. 433 (1973) (reasonableness framework for searches; particular facts matter)
  • Owen, 143 Idaho 274 (2006) (inventory search standards in Idaho; not a general rummaging)
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Case Details

Case Name: State v. Stewart
Court Name: Idaho Court of Appeals
Date Published: Feb 27, 2012
Citations: 276 P.3d 740; 152 Idaho 868; 2012 Ida. App. LEXIS 17; 37767, 38051, 38078
Docket Number: 37767, 38051, 38078
Court Abbreviation: Idaho Ct. App.
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