Mario Herrda Tamez stands convicted of grand theft by possession of stolen property. The sole issue on apрeal is whether a warrantless seizure of evidence by the police was justified under the plain view doctrine. We hold that it was, and we affirm the judgment of conviction.
The facts are as follows. Two law enforcement officers, Patrоlman Lewis Jones of the Rupert Police Department and Deputy Steven Benkula of the Minidoka County Sheriff’s Office, resрonded to a report of a disturbance at a family residence. Upon arrival, they found Tamez and two women. The officers were told that Tamez had threatened the women with a gun. Tamez was arrested and placed in the police car. The officers searched for the gun, but were unable to locate it.
After he was placed under arrest, Tamez asked the officers to roll up the windows and to lock the doors of his car, which was parked at the rеsidence. While doing so, Deputy Benkula noticed an object wrapped in a paper bag on the floorboard of the vehicle. He summoned Officer Jones, who removed the bag from the car, took it to Tamez and asked him what was inside. Tamez said it was a water pistol. Officer Jones opened the wrapping and revealed a handgun. Officer Jones later learned that the gun had been stolen. Tamez was charged with grand theft by possession of stolen property. He pled not guilty and moved unsuccessfully to suppress the gun as evidence. After a jury trial, he was found guilty as charged.
In this appeal, Tamez contends that the seizure of the gun without a search warrant was in violation of the United
The plain view doctrine contains three requirements. First the officer lawfully must be in a position from which he can view the rеlevant area or object.
Coolidge,
Here, Tamez concedes the first requirement. Deputy Benkula observed the wrapped object while securing the car at Tamez’s request. Any intrusion during that activity was consensual and therefore lawful. The second requirement also has been satisfied. Deputy Benkula did not place himself in the car for the purрose of finding the gun. Rather, he entered the car for a legitimate reason — to roll up the windows — and inadvertently found thе wrapped object on the floor.
Thus, the real dispute in this case pertains to the third requirement, that the object must have a readily apparent connection with criminal activity. Tamez contends that the object had no such apparent connection. However, an officer may draw reasonable inferences based on his trаining and experience in determining whether a connection exists. Thus, in
Texas v. Brown,
In the case before us, Deputy Benkula tеstified that the object he observed was tightly wrapped in the shape of a handgun. Although Tamez has asserted on appeal that Deputy Benkula’s testimony was not credible, the district judge resolved the credibility issue in the state's favor. Credibility is for a trial court to determine.
Argyle v. Slemaker,
Accordingly, we sustain the district court’s order denying Tamez’s motion to suppress the gun as evidence during his trial. The judgment of conviction, for grand theft by possession of stolen property, is affirmed.
