This decision is not final until exception of the 21 day petition for rehearing period. Pursuant to rule 118 of the Idaho Appellate Rules.
2015 Opinion No. 70
Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. Molly J. Huskey, District Judge.
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.
MELANSON, Chief Judge. Judge GUTIERREZ and Judge GRATTON, CONCUR.
MELANSON, Chief Judge.
Wayne Ray Floyd appeals from his judgment of conviction for possession of a controlled substance. Floyd contends that the district court erred by denying his motion to suppress evidence found in his home, arguing that his consent allowing police to enter his home was the product of coercion. For the reasons set forth below, we affirm.
Floyd and a companion were walking down a street near Floyd's home when they were contacted by police. During the ensuing discussion, the officer observed that Floyd and his companion were under the influence of marijuana. Both men admitted to smoking marijuana at Floyd's home. The officer promised that he would not arrest them if they would go to Floyd's home and get the drug paraphernalia. Floyd agreed. Upon reaching Floyd's home, Floyd and three officers entered the home and proceeded to Floyd's bedroom where he consented to a
search of the room. The search resulted in the discovery of methamphetamine and drug paraphernalia. Floyd was charged with possession of a controlled substance and manufacturing with intent to deliver paraphernalia. Floyd filed a motion to suppress the evidence, arguing that his consent to the police entry into his home was not voluntarily given. After a hearing, the district court denied Floyd's motion. Floyd pled guilty to one count of possession of a controlled substance, I.C. § 37-2732(c)(1), and preserved his right to challenge the denial of his suppression motion on appeal. The district court sentenced Floyd to a unified term of four years, with a minimum term of confinement of one year. The district court suspended execution of Floyd's sentence and placed him on probation for three years. Floyd appeals.
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, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App. 1996). At a suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts, weigh evidence, and draw factual inferences is vested in the trial court. Sta ...