State v. Fuller
State v. Fuller
Opinion
*959 In this appeal, the State challenges the Kootenai County district court's decision to grant Antonia Kate Fuller's motion to suppress evidence seized during a traffic stop. Because we conclude the traffic stop was unconstitutional, we affirm the district court's order suppressing the evidence.
I. FACTUAL AND PROCEDURAL BACKGROUND
On December 6, 2015, Deputy Harvey Ballman of the Kootenai County Sheriff's Department was patrolling the area near the intersection of Highways 95 and 53 in Kootenai County. At approximately 10:50 p.m., Deputy Ballman was traveling westbound on Highway 53 when he observed a vehicle, driven by Fuller, traveling a few car lengths in front of him. As Deputy Ballman followed Fuller, the roadway began to make a right-hand curve. When Fuller continued on the roadway and drove her vehicle around the right-hand curve, Deputy Ballman observed the front passenger-side tire of Fuller's vehicle drive onto and temporarily across the solid white line on the right-hand side of the roadway (i.e., the fog line). Deputy Ballman then initiated a traffic stop, citing Fuller's failure to maintain her lane of travel as required under Idaho Code section 49-637(1).
During the traffic stop, Deputy Ballman discovered that Fuller did not have a valid driver's license or liability insurance. Deputy Ballman placed Fuller under arrest for violations of Idaho Code sections 49-301(1) and 49-1232 before conducting an inventory search of her vehicle. That search revealed methamphetamine, prescription drugs, and drug paraphernalia. Accordingly, he expanded the arrest for violations of Idaho Code sections 37-2732(c)(1) (possession of a controlled substance) and 37-2734A (possession with intent to use drug paraphernalia). Fuller was never cited for a traffic offense.
Fuller's preliminary hearing was held on January 28, 2016, at which Deputy Ballman testified that he observed Fuller's tire "touch[ ] the [fog] line multiple times and cross[ ] the [fog] line." He explained that he initiated the traffic stop due to Fuller's failure to maintain her lane of travel under section 49-637(1) when her tire crossed the fog line. 1 Fuller was thereafter charged with two felony counts of possession of a controlled substance, and misdemeanor counts of possession of drug paraphernalia, failure to purchase a driver's license, and failure to provide proof of insurance.
Fuller moved to suppress the seized evidence on the grounds that it was fruits of an unlawful traffic stop in violation of the United States and Idaho Constitutions. During a hearing on the motion, the parties stipulated that the front passenger-side tire of Fuller's vehicle crossed the fog line once and that she did not have her turn signal on at the time. Although the district court accepted the parties' stipulation, the district court reviewed a dashboard camera video recording from Deputy Ballman and explained as follows:
I have to say that I'm balancing that against the Court's observations of the dash-cam. I could not exactly tell whether there was a complete crossing of that fog line. I mean, it looked pretty close, but whether, you know, some of the tire remained touching the fog line or not, the *960 tires, I was just unsure, but it was pretty close to crossing the whole line.
After considering the parties' arguments, the district court ultimately concluded Deputy Ballman did not have a reasonable, articulable suspicion that section 49-637(1) was violated. The district court thus granted Fuller's motion to suppress. The State now appeals.
II. STANDARD OF REVIEW
We apply a bifurcated standard when reviewing a motion to suppress.
State v. Danney
,
III. ANALYSIS
The Fourth Amendment to the U.S. Constitution, as incorporated under the Fourteenth Amendment's due process clause so as to apply to the states, guarantees that "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated." U.S. Const. amend. IV ;
see also
Idaho Const. art. I, § 17. "Traffic stops constitute seizures under the Fourth Amendment."
State v. Henage
,
"Reasonable suspicion must be based on specific, articulable facts and the rational inferences that can be drawn from those facts."
Morgan
,
The factual record before the district court consisted of the parties' stipulation and the dashboard camera video recording of the traffic stop. Since no argument is made on appeal concerning the district court's factual record or findings, the only issue before this Court is whether the district court's legal conclusion that Deputy Ballman did not have a reasonable, articulable suspicion to conduct the traffic stop was correct. The State challenges that conclusion by arguing the stop was constitutional because Deputy Ballman had a reasonable, articulable suspicion that Fuller violated either Idaho Code section 49-637(1) or Idaho Code section 49-630(1). We analyze each code section in turn.
1. The traffic stop was not justified by reasonable, articulable suspicion of a violation of section 49-637(1).
The State first contends that Deputy Ballman had a reasonable, articulable suspicion that Fuller violated section 49-637(1) when he observed her front passenger-side tire cross the fog line. The statute reads as follows:
Whenever any highway has been divided into two (2) or more clearly marked lanes *961 for traffic the following, in addition to all else, shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
I.C. § 49-637(1).
The parties' arguments focus primarily on our decision in
Neal
, where we analyzed whether the fog line itself was within the "lane of travel" under section 49-637(1).
This Court in
Neal
reversed the ruling of the district court.
the edge line may or may not even be present on the roadway; its purpose is not to create a lane boundary but to inform the driver of the road's edge so that under certain conditions the driver can safely maintain his or her position on the roadway. Because the edge lines are not always present, if they are not part of the lane, then the usable portion of the lane would actually be widening or narrowing depending on whether there is a line present. Where the lines are absent, the edge of the road is considered the curb, and it is an unreasonable interpretation to conclude that where there is a stripe near the edge, the inside of the stripe marks the limits of where a driver's tires can go, but where it is absent, the curb-which would be located at the outer edge of the painted line-marks those limits.
Further, the motor vehicle code in general often encourages or requires drivers to move to the right....
Id. at 445-46 ,362 P.3d at 520-21 (internal citation omitted).
Here, the State points to Neal 's construction of section 49-637(1) and contends that Fuller breached her lane of travel when her vehicle's front passenger-side tire temporarily crossed the fog line. Specifically, the State quotes Neal and argues that "nothing in [ Neal ] suggests that driving 'across the line marking the right edge of the road' does not violate ... [section] 49-637." The district court erred, the State's argument continues, "by expanding the holding of Neal to crossing the line marking the right edge of the road when [this Court] specifically limited that holding to driving on, and not over, that line." While the State is correct to note that here it is stipulated that the fog line was temporarily crossed, whereas in Neal the fog line was temporarily touched but not crossed, the State's argument reveals a misreading of Neal .
Nowhere in
Neal
did we suggest that the fog line signifies a lane barrier. We were careful to emphasize that the fog line is
not
a lane barrier. As recited above, we clearly explained that the fog line "may or may not even be present on the roadway; its purpose is not to create a lane boundary but to inform the driver of the road's edge so that under certain conditions the driver can safely maintain his or her position on the roadway."
Neal thus does not assist the State in this case. Neal was unequivocally clear that an isolated incident of touching the fog line does not violate section 49-637(1). And given that the fog line does not signify a formal lane barrier, an isolated incident of temporarily crossing the fog line likewise does not violate section 49-637(1). This reasoning resolves the State's appeal. Thus, we conclude the district court correctly applied Neal to reason that
the principle of law articulated in Neal is that the fog line is not a road barrier; the fog line is, in fact, a warning that one is getting near the road barrier.
Therefore, it makes sense that tires traveling onto the fog line does not constitute a traffic violation, it just constitutes driving on the warning line. And the Court also finds that crossing over the fog line under these circumstances did not constitute a traffic violation.... [T]he vehicle did not leave its lane of travel. It did not drive off the road. It stayed on the lane of travel. Getting towards the edge, for sure, but maintained its lane of travel.
We reiterate the rule recently pronounced in
Neal
by emphasizing that the fog line, if present, does not serve to demarcate the boundary of the lane of travel. If present, the fog line serves as a point of reference that is geared toward ensuring drivers' safety.
Neal
,
In sum, the district court correctly held that the traffic stop was not justified by reasonable, articulable suspicion of a violation of section 49-637(1).
2. We decline to reach the State's argument concerning section 49-630(1).
On appeal, the State further contends that Deputy Ballman had reasonable suspicion that Fuller violated section 49-630(1). However, the State raises this argument without having asserted the same before the district court. While the State referenced our discussion of section 49-630 in Neal , it did not advance an argument in Neal or in this case that the statute was violated.
*963
That section 49-630 was not raised below spells the fatal resolution of this argument on appeal. Indeed, "[i]ssues not raised below will not be considered by this court on appeal, and the parties will be held to the theory upon which the case was presented to the lower court."
State v. Garcia-Rodriguez
,
IV. CONCLUSION
Because the traffic stop was unconstitutional, we affirm the order of the district court granting Fuller's motion to suppress.
Justice BEVAN and Justice pro tem KIDWELL CONCUR.
BRODY, Justice, concurring in judgment.
I agree with the majority that the district court properly granted Fuller's suppression motion. Nonetheless, I write separately because I reach that conclusion through a different application of Idaho Code section 49-637(1).
The statute provides:
Whenever any highway has been divided into two (2) or more clearly marked lanes for traffic the following, in addition to all else, shall apply:
(1) A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from that lane until the driver has first ascertained that the movement can be made with safety.
I.C. § 49-637(1). Implicit in this statute is that it cannot be violated if the lane of travel is not breached. Therefore, when section 49-637(1) is raised, the first question we must ask is what was the lane of travel? To answer this question, the court must examine the roadway at issue to determine the precise boundaries of that lane.
As noted by the majority, the district court concluded that Fuller did not violate the statute because she remained in her lane of travel. The district court did not expressly find the boundaries of that lane, and instead explained that Fuller did not breach the lane despite crossing the fog line because of this Court's opinion in
State v. Neal
,
In interpreting the statute, the Court in
Neal
sought to answer a more specific question for the same broad inquiry identified above: namely, is an edge line part of the lane of travel such that driving onto the line does not equal breaching the lane under section 49-637(1).
Thus, to the extent that Neal explains that the edge line itself is part of the lane of travel, this comports with the facts presented in that case. Neal did not need to further determine what constituted the boundaries of the lane in question because the Court's holding naturally meant that the defendant had not breached the lane. Unlike in Neal , Fuller drove onto and across the fog line. As such, simply resorting to Neal is not an option here because there still remains the unanswered question of what constituted the lane of travel based on the facts of this case.
In
Neal
, the Court rightly acknowledged that the unique nature of the State's different roadways forecloses the ability to universally define the boundaries of lanes of travel.
Turning to the record, the highway at issue is a stretch of Highway 53 near its intersection with Highway 95 in Kootenai County. Review of the dashboard camera recording establishes that this portion of the highway is designed to permit two lanes of parallel traffic traveling in opposite directions. Westbound vehicles-which included Fuller and Deputy Ballman-have a solid yellow center line to their left and a solid white fog line to the right. (Eastbound vehicles have a yellow center line that switches from dashed to solid and a solid white fog line.) Beyond the fog line is approximately two feet of pavement. This is followed by approximately three to four feet of unpaved or gravel contour before natural vegetation begins. The recording shows that the highway curves in a rightward direction. Through the curve, the paved portion of the highway gently slopes down toward the inside fog line (i.e., from left to right from the perspective of westbound vehicles).
The State alleged that Fuller drove on the shoulder. Reviewing the recording, I would agree, finding that, for this stretch of highway, the lane of travel for westbound traffic spanned from the inner edge of the yellow center line to the outer edge of the white fog line. Beyond the outer edge of the fog line constituted a shoulder. While "shoulder" is not defined in the Idaho Code, the Court has previously relied on the relevant dictionary definition, which reads: "the part of a roadway outside of the traveled way on which vehicles may be parked in an emergency."
Neal
,
Presuming that the space beyond the fog line was a shoulder, the inquiry into whether Fuller breached the lane of travel is complete. She breached the lane when her front right tire crossed over the outer edge of the line. Importantly, reaching this conclusion does not disturb Neal 's holding that an edge line itself is part of the lane of travel, and merely recognizes that this roadway featured a shoulder that directly abutted the outer edge of the fog line.
Finding that Fuller breached the lane does not necessarily establish that she violated the statute. Rather, in situations of this kind, the greater statutory language reveals that other considerations must be made to determine whether such a conclusion is merited.
See, e.g.
,
State v. Morris
,
Because the proceedings below centered solely on Neal , which itself focused on the nature of edge lines within the lane of travel, this case does not present an opportunity to *965 consider the statutory language more fully. With that being the case, I recognize the precedential weight of Neal and concur in judgment with the majority.
Justice Pro Tem GUTIERREZ CONCURS.
While Deputy Ballman further testified that he "believed that [Fuller] may have been intoxicated," he did not cite this as a reason for initiating the traffic stop. Likewise, at the motion to suppress hearing, the State clarified that, "with regard to any articulable suspicion that there was drunk driving or driving under the influence, the State is not alleging that that was a basis for the stop." Rather, the State's position was that "the basis for th[e] stop was a violation of Idaho Code section 49-637(1)." As the district court summarized,
The State resisted the motion to suppress on the grounds that there was a traffic violation [that] had been committed in the presence of an officer. That traffic violation being the failure to maintain a lane of travel and the theory of that detention was predicated on the stipulation by the parties that Ms. Fuller's vehicle-tires on the right-hand side of the vehicle had crossed over what's commonly called the fog line, had not just touched the fog line, but had crossed over it.
Reference
- Full Case Name
- STATE of Idaho, Plaintiff-Appellant, v. Antonia Kate FULLER, Defendant-Respondent.
- Cited By
- 16 cases
- Status
- Published