2014 Opinion No. 67.
Appeal from the District Court of the Fourth Judicial District, State of Idaho, Ada County. Hon. Kathryn A. Sticklen, District Judge. Hon. David D. Manweiler, Magistrate.
Order of the district court reversing the magistrate's order granting motion to suppress, affirmed and case remanded to the magistrate court for further proceedings.
Alan E. Trimming, Ada County Public Defender; Nicholes G. Alexander, Deputy Public Defender, Boise for appellant.
Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent.
GRATTON, Judge. Chief Judge GUTIERREZ and Judge LANSING CONCUR.
[157 Idaho 270] GRATTON, Judge
Connor G. Spies appeals from the district court's intermediate appellate decision that reversed the magistrate's order granting his motion to suppress evidence. We affirm the district court.
FACTUAL AND PROCEDURAL BACKGROUND
The following facts are taken from an officer's testimony at the motion to suppress hearing and from two aerial photographs placed in evidence by Spies, which are images taken from Google Maps. At 1:00 a.m., the officer observed Spies traveling on West Ustick Road in Meridian. That section of road had recently undergone construction and temporary raised tabs were installed to distinguish the two lanes of opposing travel. Immediately after an intersection with 12th Drive, as West Ustick Road runs along a subdivision, the roadway juts out to accommodate another eastbound lane. The lane continues for only a short distance and Spies entered this lane without signaling. The officer then observed Spies swerve back into the left-hand lane, without signaling, as the lanes joined back into one lane. Continuing down West Ustick Road along the subdivision, the eastbound lane again juts out to the right at North Blairmore Way. The newly-formed lane begins before North Blairmore Way and ends shortly after. Spies again failed to signal as he entered the right-hand lane. He also swerved " pretty violently" back as the road narrowed, again without signaling, to avoid driving off the road due to the lane coming to an abrupt end. Throughout the officer's testimony, he refers to the two right-hand lanes as " turn lanes." However, the officer clarified that one of the lanes was more of a " merge lane" meant to allow traffic leaving the subdivision to gain speed and
[157 Idaho 271] merge into the main lane of travel on ...