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State v. Santana

Court of Appeals of Idaho

March 6, 2017

STATE OF IDAHO, Plaintiff-Appellant,
v.
BRYAN A. SANTANA, Defendant-Respondent.

         2017 Opinion No. 20

         Appeal from the District Court of the Third Judicial District, State of Idaho, Canyon County. Hon. D. Duff McKee, District Judge. Hon. Dan C. Grober, Magistrate.

         Order of the district court, on intermediate appeal from the magistrate, affirming order granting motion to suppress, reversed and remanded.

          Hon. Lawrence G. Wasden, Attorney General; John C. McKinney, Deputy Attorney General, Boise, for appellant.

          Tera A. Harden, Canyon County Public Defender; Barbara Ferre, Deputy Public Defender, Caldwell, for respondent.

          MELANSON, Judge

         The State appeals from the district court's order on intermediate appeal affirming the magistrate's order granting a motion to suppress evidence seized during a search of Bryan A. Santana's residence. For the reasons set forth below, we reverse the district court's order and remand to the magistrate for further proceedings.

         I.

         FACTS AND PROCEDURE

         Santana pled guilty to a charge of driving under the influence and was placed on probation. At sentencing, the magistrate used a preprinted form containing optional conditions of probation, checking off the conditions that applied to Santana. The form contained an optional condition of a Fourth Amendment waiver, which was not checked. The magistrate did not orally pronounce that a Fourth Amendment waiver was a condition of Santana's probation. The magistrate did require that Santana comply with all rules and reporting requirements of the probation department. Santana was also ordered to not consume alcohol or any other mood-altering substance unless prescribed by a physician.

         Almost six weeks after sentencing, Santana's probation officer required Santana to sign a probation agreement. The probation agreement contained a Fourth Amendment waiver, authorizing any law enforcement officer, peace officer or probation officer to search Santana and his residence. When Santana signed the probation agreement, he admitted in writing that he used alcohol and marijuana three days earlier. Two days after this admission, Santana tested positive for marijuana. Twelve days later, Santana's probation officer and a police officer conducted a warrantless search of Santana's home. Santana was not present and did not consent to the search. The search revealed marijuana and drug paraphernalia. Santana was subsequently charged with possession of marijuana and drug paraphernalia.

         Santana filed a motion to suppress, arguing that the search violated his Fourth Amendment rights. Specifically, Santana argued that the search was conducted without his consent and that the State lacked the requisite reasonable grounds. The magistrate found that the Fourth Amendment waiver was not a valid condition of Santana's probation because it was not announced in the oral pronouncement of his sentence nor set forth in the probation order. The magistrate commented that there was disagreement among other judges as to whether the probation agreement could set a Fourth Amendment waiver as a condition of probation when it is not contained in the probation order. The magistrate granted Santana's motion to suppress and encouraged the State to appeal so other judges would have guidance for future cases.

         The State appealed to the district court. On intermediate appeal, the district court affirmed the magistrate's order suppressing evidence. The district court concluded that the probation order, not the probation agreement, set the substantive terms of probation. The district court alternatively affirmed on the basis that the State did not have ...


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