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State v. Davis

Court of Appeals of Idaho

May 22, 2015

STATE OF IDAHO, Plaintiff-Respondent,
v.
RUSSELL GLENN DAVIS, Defendant-Appellant

2015 Opinion No. 29

Page 1092

Appeal from the District Court of the Fourth Judicial District, State of Idaho, Elmore County. Hon. Lynn G. Norton, District Judge.

Judgment of conviction for possession of a controlled substance with intent to deliver, affirmed.

Sara B. Thomas, State Appellate Public Defender; Reed P. Anderson, Deputy Appellate Public Defender, Boise, for appellant. Reed P. Anderson argued.

Hon. Lawrence G. Wasden, Attorney General; Russell J. Spencer, Deputy Attorney General, Boise, for respondent. Russell J. Spencer argued.

MELANSON, Chief Judge. Judge LANSING and Judge GUTIERREZ, CONCUR.

OPINION

Page 1093

MELANSON, Chief Judge

Russell Glenn Davis appeals from his judgment of conviction for possession of a controlled substance with intent to deliver. Specifically, Davis argues that the district court erred in denying his motion to suppress. For the reasons set forth below, we affirm.

I.

FACTS AND PROCEDURE

Police officers (officers) and agents from the Air Force Office of Special Investigations (agents) were executing a search warrant on an apartment. The apartment was part of a complex consisting of a common area surrounded by four buildings. Each building contained four apartments (two on the first floor and two on the second floor) and each was only accessed via the common area. The apartment being searched was a second floor unit, and Davis was not a resident. While officers were conducting the search, a resident of the apartment arrived. The resident was searched and the officers seized a cell phone. One officer noticed an incoming text message from a person identified by the phone's contacts as Russell Davis. The officer recognized the name Russell Davis because the officer had previous contact with Davis in an earlier case involving a controlled buy of marijuana.

The officer reviewed a number of text messages that had been sent and received via the phone over a two and one-half-hour period. One message sent to the phone by Davis asked if the resident still wanted " an O or anyone else . . . because im puttin [sic] in the order now?" Based upon the officer's training and experience, he recognized the term " O" as slang for an ounce of marijuana. The owner of the phone had immediately responded that he wanted " just 1," and asked to meet at a supermarket. After many messages back and forth, the phone received a message from Davis stating, " I got it, he's gone so whatcha wanna do?" The return message sent from the phone ...


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