State v. Horton
State v. Horton
Opinion
Josette Marie Horton appeals from her judgment of conviction for felony introduction of major contraband into a correctional facility and felony possession of a controlled substance. Horton argues that the district court erred in denying her motion to suppress evidence. On appeal, Horton asserts the district court erred in ruling that an expired registration from the state of Washington provided reasonable suspicion to conduct a traffic stop of her vehicle. For the reasons below, we affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
Around midnight in northern Idaho, an officer observed a vehicle without a front license plate. The vehicle was being driven by Horton. The officer turned his vehicle around to investigate whether Horton's vehicle *826 was registered in Idaho. As the officer did so, Horton's vehicle accelerated and turned sharply. The vehicle then stopped, at which point, the officer turned on his front lights and pulled up behind the parked vehicle. The vehicle was licensed and registered in Washington; however, the registration was expired. The officer approached the vehicle and questioned Horton regarding the expired registration. The officer observed white foam around Horton's mouth. Horton was also speaking rapidly, was unable to keep still, and was repeatedly licking her lips. Once backup had arrived, the officer informed Horton a K-9 unit had been requested. During the exchange, Horton stated there was a marijuana pipe behind her seat. Horton was then placed in handcuffs, and a drug detection dog was deployed. After the dog's alert, a subsequent search of the vehicle revealed a glass pipe, methamphetamine, and a scale with residue.
Horton was then transported to the county jail, during which time, she admitted to using methamphetamine. The officer asked if Horton had additional drugs on her person, to which she responded in the negative. Upon intake at the county jail, more methamphetamine was found on Horton's person. Horton was charged with introduction of major contraband into a correctional facility,
Horton filed a motion to suppress the evidence, arguing I.C. § 49-430 does not apply to out-of-state vehicles. The district court inquired as to whether I.C. § 49-456 1 was the appropriate statute. The State argued either statute provided a proper legal basis for the stop. Ultimately, the district court ruled that it is Idaho law that "vehicles operating in Idaho have current registration" and that officers have "reasonable, articulable suspicion for conducting a traffic stop when they perceive a vehicle with expired registration tabs." Because the registration tabs were expired, the district court found there was reasonable suspicion and denied the motion to suppress.
Horton entered a guilty plea to felony introduction of major contraband and felony possession of a controlled substance, reserving her right to appeal the denial of her motion to suppress. Horton 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
,
III.
ANALYSIS
On appeal, Horton argues the district court erred when it concluded the officer had reasonable suspicion to stop Horton's vehicle for a suspected violation of I.C. §§ 49-430 and/or 49-456 because
State v. Morgan
,
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
,
This Court exercises free review over the application and construction of statutes.
State v. Reyes
,
*828 The statutes at issue here, I.C. § 49-456 and I.C. § 49-430 respectively, state that it is "unlawful for any person to operate or for the owner to permit the operation upon a highway of any motor vehicle, trailer or semitrailer which is not registered and which does not have attached and displayed the license plates assigned to it for the current registration year ..." and requires that "reregistration of vehicles shall be accomplished annually or by registration period in the same manner as the original registration and upon the payment of the required fee."
In contrast to the statute addressed in
Morgan
, the statutes involved here apply to both in-state and out-of-state vehicles. In
Morgan
, an officer stopped a vehicle licensed in Washington for driving without a front license plate. The Idaho Supreme Court, with an understanding of the statutory scheme of Title 49, held that the requirement for vehicles to display both front and rear license plates only applies to vehicles registered in Idaho and does not extend to vehicles registered in other states.
Morgan
,
Based on the plain language of the statutes and the statutory scheme of Title 49, it is clear that Idaho law requires both in-state and out-of-state vehicles to have current registration while operating on Idaho highways. Thus, although Horton's vehicle was registered in Washington, the officer had reasonable suspicion for the stop because Horton was driving her vehicle in Idaho and because the officer suspected the vehicle, in violation of I.C. §§ 49-430 and 49-456, was not registered.
IV.
CONCLUSION
Chief Judge GRATTON and Judge HUSKEY concur.
Other states have determined that portions of their motor vehicle laws apply solely to in-state vehicles, while other portions apply to all vehicles operated on roadways within the state.
See, e.g.
,
Wilson v. State
,
Reference
- Full Case Name
- STATE of Idaho, Plaintiff-Respondent, v. Josette Marie HORTON, Defendant-Appellant.
- Cited By
- 5 cases
- Status
- Published