The Hagerman Police Chief receives a telephone call from the City Supervisor. The Supervisor says that two carnival workers told him that they had been offered methamphetamine by a man later identified as Shane Bishop. The Chief locates Bishop and says he needs to speak to him about methamphetamine. The Chief notices that Bishop appears nervous, is clutching a bag close to him, and that his eyes were dilated, bloodshot and had a "wild look" in them. Concluding that Bishop is high, the Chief tells Bishop that he's going to search Bishop for weapons. Bishop says "no," but turns around and places his hands on the patrol car so the Chief can search. Once the search has started, Bishop says "no" again and is arrested for Resisting and Obstructing. During the search incident to arrest, a bag of meth is found.
The Supreme Court holds that the bag must be suppressed because: 1) there was no basis for the frisk and therefore Bishop had the right to peaceably resist it; and 2) as there was no probable cause to arrest for R&O the search incident to arrest was unlawful.
Another win by the good folks at SAPD. Congratulations in particular to Shannon Romero.
Read the opinion at: http://www.isc.idaho.gov/opinions/bishop35241.pdf
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