State v. Davis ( 2020 )


Menu:
  •                IN THE COURT OF APPEALS OF THE STATE OF IDAHO
    Docket No. 47032
    STATE OF IDAHO,                                  )
    )    Filed: July 9, 2020
    Plaintiff-Respondent,                     )
    )    Melanie Gagnepain, Clerk
    v.                                               )
    )    THIS IS AN UNPUBLISHED
    MATTHEW BOYD DAVIS,                              )    OPINION AND SHALL NOT
    )    BE CITED AS AUTHORITY
    Defendant-Appellant.                      )
    )
    Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada
    County. Hon. Samuel Hoagland, District Judge.
    Judgment of conviction for possession of methamphetamine, affirmed.
    Eric D. Fredericksen, State Appellate Public Defender; Kimberly A. Coster,
    Deputy Appellate Public Defender, Boise, for appellant.
    Hon. Lawrence G. Wasden, Attorney General; Andrew V. Wake, Deputy
    Attorney General, Boise, for respondent.
    ________________________________________________
    BRAILSFORD, Judge
    Matthew Boyd Davis appeals from his judgment of conviction for possession of
    methamphetamine.       Specifically, Davis appeals the district court’s denial of his motion to
    suppress. We affirm.
    I.
    FACTUAL AND PROCEDURAL BACKGROUND
    At about 2:45 a.m. on July 5, 2018, Officer Stokes was in his patrol car parked at a gas
    station in Boise when he observed a red Chevy Cavalier exit the gas station parking lot onto an
    adjacent roadway. He testified that the vehicle did not come to a complete stop but, rather, very
    slowly rolled out of the parking lot. He did not observe brake lights. Further, Officer Stokes
    testified that he followed the vehicle, noticed neither of the vehicle’s taillights was operational,
    and “flicked off” his headlights to confirm the taillights were not working. Officer Stokes
    1
    testified that, after flicking his headlights off, he was 100 percent certain the vehicle’s taillights
    were not operational. At that point, Officer Stokes turned on his overhead lights and initiated a
    traffic stop.
    Officer Stokes identified the driver as Davis and discovered Davis’s driver’s license was
    suspended. Two other officers accompanied Officer Stokes during the stop and noticed an open
    container of alcohol in Davis’s car and a large bulge in his right pants pocket. After Officer
    Stokes instructed Davis to exit the car, Davis fled but was tackled, handcuffed, and arrested.
    During a search incident to arrest, Officer Stokes discovered a sunglass case containing
    methamphetamine and drug paraphernalia.
    As a result of this incident, the State charged Davis with possession of
    methamphetamine, possession of drug paraphernalia, resisting and obstructing an officer, driving
    without privileges, and possession of an open container. Additionally, Officer Stokes cited
    Davis for two traffic infractions: failing to stop when emerging from a driveway in violation of
    
    Idaho Code § 49-651
     and operating a vehicle without taillights in violation of I.C. § 49-906.
    Davis challenged these traffic citations. After a bench trial at which Officer Stokes,
    Davis and a third-party witness testified, a magistrate court found Davis not guilty of the alleged
    traffic violations. Thereafter, in this criminal case, Davis filed a motion to suppress the evidence
    discovered as a result of the traffic stop. In support of his motion, Davis argued that, during the
    infraction trial, credible witnesses disputed Officer Stokes’s testimony that Davis committed the
    alleged infractions; Officer Stokes had no valid reason to stop Davis; the magistrate court had
    already weighed the witnesses’ credibility to determine Davis was not guilty of the infractions;
    and as a result, Officer Stokes did not have reasonable suspicion for the traffic stop.
    In contrast to the infraction trial, Officer Stokes was the only witness to testify during the
    suppression hearing. At the hearing’s conclusion, Davis moved the district court to take judicial
    notice of the transcripts of the testimony during the infraction trial. The court denied this motion
    and ruled that Officer Stokes had reasonable suspicion to stop Davis. Specifically, the court
    ruled that, even if Davis completely stopped before entering the roadway, Officer Stokes had
    reasonable suspicion to stop Davis based on Officer Stokes’s observation of the inoperable
    taillights on Davis’s vehicle.
    2
    Thereafter, Davis conditionally pled guilty to possession of methamphetamine in
    exchange for the State’s dismissal of the other criminal charges, and he reserved his right to
    appeal the denial of his motion to suppress. Davis timely appeals.
    II.
    STANDARD OF REVIEW
    The standard of review of a suppression motion is bifurcated. When a decision on a
    motion to suppress is challenged, we accept the trial court’s findings of fact that are supported by
    substantial evidence, but we freely review the application of constitutional principles to the facts
    as found. State v. Atkinson, 
    128 Idaho 559
    , 561, 
    916 P.2d 1284
    , 1286 (Ct. App. 1996). At a
    suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts,
    weigh evidence, and draw factual inferences is vested in the trial court. State v. Valdez-Molina,
    
    127 Idaho 102
    , 106, 
    897 P.2d 993
    , 997 (1995); State v. Schevers, 
    132 Idaho 786
    , 789, 
    979 P.2d 659
    , 662 (Ct. App. 1999).
    III.
    ANALYSIS
    Davis asserts Officer Stokes did not have reasonable suspicion to initiate the traffic stop.
    A traffic stop by an officer constitutes a seizure of the vehicle’s occupants and implicates the
    Fourth Amendment’s prohibition against unreasonable searches and seizures.            Delaware v.
    Prouse, 
    440 U.S. 648
    , 653 (1979); Atkinson, 128 Idaho at 561, 916 P.2d at 1286. Under the
    Fourth Amendment, an officer may stop a vehicle to investigate possible criminal behavior if
    there is a reasonable and articulable suspicion that the vehicle is being driven contrary to traffic
    laws. United States v. Cortez, 
    449 U.S. 411
    , 417 (1981); State v. Flowers, 
    131 Idaho 205
    , 208,
    
    953 P.2d 645
    , 648 (Ct. App. 1998). The reasonableness of the suspicion must be evaluated upon
    the totality of the circumstances at the time of the stop. State v. Ferreira, 
    133 Idaho 474
    , 483,
    
    988 P.2d 700
    , 709 (Ct. App. 1999). The reasonable suspicion standard requires less than
    probable cause but more than mere speculation or instinct on the part of the officer. 
    Id.
     An
    officer may draw reasonable inferences from the facts in his or her possession, and those
    inferences may be drawn from the officer’s experience and law enforcement training. State v.
    Montague, 
    114 Idaho 319
    , 321, 
    756 P.2d 1083
    , 1085 (Ct. App. 1988).
    On appeal, Davis argues Officer Stokes’s testimony at the suppression hearing did not
    establish he observed a traffic violation and is, therefore, inadequate evidence of reasonable
    3
    suspicion. 1 This argument is unpersuasive. Idaho law requires a vehicle to be equipped with
    two operable taillights. I.C. § 49-906(1); see also I.C. § 49-903 (requiring lights visible at a
    distance of 500 feet from sunset to sunrise).         “Observation of a traffic violation provides
    reasonable suspicion to justify a limited stop.” State v. Brooks, 
    157 Idaho 890
    , 892, 
    341 P.3d 1259
    , 1261 (Ct. App. 2014); see also Deen v. State, 
    131 Idaho 435
    , 436, 
    958 P.2d 592
    , 593
    (1998) (requiring traffic stop to be supported by reasonable, articulable suspicion vehicle is being
    driven contrary to traffic laws).
    At the hearing, Officer Stokes testified he observed a traffic violation, namely that Davis
    was operating a vehicle without operable taillights in violation of I.C. § 49-906. Specifically,
    Officer Stokes testified that, after Davis’s vehicle exited the parking lot, Officer Stokes followed
    the vehicle; he noticed neither of the vehicle’s taillights was operational; he “flicked off” his
    headlights to confirm the taillights were not working; and at that point, he was 100 percent
    certain the vehicle’s taillights were not operational. Only after confirming the taillights were
    inoperable did Officer Stokes activate his overhead lights to initiate the traffic stop.
    We disagree with Davis’s assertion that Officer Stokes’s testimony at the suppression
    hearing on this issue was “conflicting” or that Officer Stokes’s ability to determine whether the
    taillights were operable was somehow impeded by the fact that the street on which Davis was
    traveling was “well lit.” More importantly, we give great deference to a trial court’s credibility
    determinations. State v. Miller, 
    131 Idaho 288
    , 295, 
    955 P.2d 603
    , 610 (Ct. App. 1997). At a
    suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts,
    weigh evidence, and draw factual inferences is vested in the trial court. Valdez-Molina, 
    127 Idaho at 106
    , 
    897 P.2d at 997
    ; Schevers, 132 Idaho at 789, 979 P.2d at 662. We will not set
    aside a trial court’s credibility determination unless it is not supported by substantial and
    competent evidence and is, thus, clearly erroneous. Stuart v. State, 
    127 Idaho 806
    , 813-14, 
    907 P.2d 783
    , 790-91 (1995). In this case, substantial and competent evidence supports the district
    court’s conclusion that Officer Stokes’s testimony was credible and that he had reasonable
    suspicion to initiate the stop based on his observation that Davis’s vehicle did not have operable
    1
    On appeal, Davis does not challenge the district court’s denial of his motion to take
    judicial notice of the witness testimony from his infraction trial or otherwise argue that the
    magistrate court’s conclusion, after the infraction trial, that he was not guilty of either alleged
    traffic infraction somehow undermines Officer Stokes’s reasonable suspicion to initiate the
    traffic stop.
    4
    taillights. Because we hold this observation established reasonable suspicion, we do not need to
    address whether Officer Stokes also had reasonable suspicion to stop Davis based on Officer
    Stokes’s belief that Davis failed to make a complete stop before entering the roadway.
    IV.
    CONCLUSION
    The district court did not err by concluding reasonable suspicion existed to initiate the
    traffic stop.   Accordingly, we affirm Davis’s judgment of conviction for possession of
    methamphetamine.
    Judge GRATTON and Judge LORELLO CONCUR.
    5