2014 Opinion No. 72.
Appeal from the District Court of the Fifth Judicial District, State of Idaho, Blaine County. Hon. Robert J. Elgee, District Judge.
Order denying motion to suppress, affirmed.
Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant.
Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent.
GRATTON, Judge. Chief Judge GUTIERREZ and Judge LANSING CONCUR.
[157 Idaho 629] GRATTON, Judge
Micah Matthew Haugland appeals from the judgment of conviction entered upon his conditional plea of guilty to felony driving under the influence, Idaho Code § § 18-8004 and 18-8005(6). Specifically, he challenges the district court's denial of his motion to suppress. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
Two officers were operating a crosswalk sting operation. One of the officers, dressed in plain clothes, used a crosswalk to cross a five-lane street at an intersection while the other officer observed from his patrol car to see if vehicles would yield to the officer using the crosswalk. With the officer observing from his patrol car, the plain-clothed officer entered the crosswalk and crossed two lanes of traffic, approaching Haugland's lane of travel. The officer had crossed two travel lanes and was about to enter the turn lane in the middle of the street when Haugland, traveling in the fourth (inside) lane, proceeded through the crosswalk. Haugland was stopped for failing to yield to a pedestrian in a crosswalk. I.C. § 49-702.
Upon initiating the traffic stop, the officer could smell the odor of alcohol coming from inside the vehicle, and Haugland was ultimately arrested for driving under the influence. I.C. § 18-8004. Following a blood draw and a review of Haugland's prior convictions for driving under the influence, the State charged ...