Two New SCOID Opinions today

In the first, State v. Christopher Sanchez, the Court affirms an order revoking probation and reinstating the original sentence. The Court of Appeals had reversed the district court. The Court applies a deferential standard of review and finds there was sufficient evidence of a willful violation of probation and no abuse of discretion in imposing the underlying sentence.

The Sanchez opinion is here: http://www.isc.idaho.gov/opinions/sanchez%20final%20opn.pdf

The second opinion, State v. David Purdum, can be found here: http://www.isc.idaho.gov/opinions/purdum%20final%20opn.pdfpurdum%20final%20opn.pdf

In Purdum, the defendant's conditions of probation included that he agreed "to the search of his person, automobile, real property, and any other property at any time and at any place by any law enforcement officer . . . and . . . [to] waive his constitutional right to be free from such searches."

One afternoon, a police officer saw Purdum out driving and decided to stop him for a drug test. The officer did not have even reasonable suspicion that Purdum was violating his probation or the law. Purdum parked in his father's driveway, saw the cruiser pulling in behind him, and ran to a shed. The officer followed him. After catching up, the officer patted Purdum down for weapons and Purdum "bolted" for the house. The officer then arrests Purdum and finds three lighters in his pocket. The search of the car interior uncovered some suspicious druggie stuff and the search of the car's air filter compartment reveals drugs and paraphernalia. (Ed. Note: The air filter compartment is that big shiny thing above. No one would think to look there!)

Purdum argued that he was unlawfully stopped without reasonable suspicion and the evidence found during the car search was tainted by the illegal seizure. The Court says that "[w]hile the United States Supreme Court has not yet addressed whether a probationer may waive his Fourth Amendment rights through acceptance of probationary search conditions, this Court has determined that a probationer's consent to searches constitutes a waiver of Fourth Amendment rights."

What's more, there is implied consent "to a limited seizure of his person necessary to effectuate such searches."

So, no reasonable suspicion needed to search and there is an implied consent to be seized while you and your car is being searched. Cert worthy issue? More on these cases later.