Opinion No. 37
from the District Court of the First Judicial District of the
State of Idaho, Kootenai County. Hon. John T. Mitchell,
judgment of the district court is affirmed.
Fredericksen, State Appellate Public Defender, Boise, for
appellant. Jenevieve C. Swinford argued.
Lawrence G. Wasden, Attorney General, Boise, for respondent.
Russell J. Spencer argued.
Eugene Mann appeals from the judgments of conviction for
trafficking marijuana, driving without privileges, and
possession of drug paraphernalia which were entered after a
jury found him guilty of the charges. Prior to the trial,
Mann sought suppression of the evidence related to the
marijuana and paraphernalia charges. The district court found
that Mann did not have standing to challenge the search as the evidence
was found in a rental car which he was not authorized to
drive. Mann argues that he had a reasonable expectation of
privacy in the rental car because he had permission from the
lessee to drive the car. Mann also asserts that the jury
instruction regarding the paraphernalia charge was erroneous.
FACTUAL AND PROCEDURAL BACKGROUND
was driving east on I-90 near Coeur d'Alene when he was
stopped by Idaho State Police Trooper Josh Clark. Clark
stopped Mann for signaling less than the required 5 seconds-
2.63 seconds-before changing lanes. Mann was driving a rental
car which had been rented by Ashley Cheney, his "living
as married" partner of five years. Mann was not
authorized by the rental car company to drive the car. After
stopping Mann, Clark approached the vehicle and asked Mann
for his driver's license. Mann provided Clark with an
Oregon identification card and stated that his driver's
license was currently suspended. After confirming that
Mann's license was suspended, Clark arrested him for
driving without privileges.
arresting Mann, Clark placed him in the back seat of his
police car in order to transport him to the Kootenai County
jail. Clark then conducted a pre-tow inventory search of
Mann's vehicle. It is Idaho State Police policy to
conduct an inventory search prior to a vehicle being towed.
During the search, Clark found a glass pipe with burnt
residue in the top, a toffeelike substance, and eight plastic
bags containing a green plant-like substance. Clark suspected
that the toffee-like substance was a synthetic form of
marijuana and that the plant-like substance was marijuana.
Clark seized these items as evidence, and they were tested by
the Idaho State Police laboratory. The lab technician
concluded that the plant-like substance was marijuana and
determined that the total weight of the marijuana was 5.38
was charged with trafficking marijuana, driving without
privileges, and possession of drug paraphernalia. Prior to
trial, Mann filed a motion to suppress the evidence seized
during the inventory search. The district court heard the
motion on July 22, 2015. After receiving testimony and
argument, the district court ruled that Mann did not have a
reasonable expectation of privacy in the rental car. The
district court based its ruling on State v. Cutler,
144 Idaho 272, 159 P.3d 909 (Ct. App. 2007). Of the five
factors laid out in Cutler, the district court found
that Mann was able to meet only one of them and the totality
of the circumstances weighed against Mann having a reasonable
expectation of privacy in the rental car.
case then proceeded to a jury trial on August 24-25, 2015.
During closing arguments, Mann argued that the State was
required to prove that he intended to use the paraphernalia
in Idaho. During its deliberations, the jury sent the judge
three questions. One of those questions asked whether it
mattered if Mann intended to use the paraphernalia in Idaho
or elsewhere. Over Mann's objection, the district court
responded as follows: "You are instructed that any
possession of paraphernalia must occur in Idaho. If you find
defendant possessed paraphernalia in Idaho, you must consider
whether the defendant intended to use the paraphernalia. It
does not matter in which state the defendant formed the
intent to use the paraphernalia."
receiving the new instruction and further deliberations, the
jury found Mann guilty of all three charges. On October 20,
2015, the district court entered three separate judgments.
Mann was ordered to serve seven years, with three years
fixed, and fined $10, 000 for trafficking in marijuana. He
received suspended sentences of 180 days and 365 days,
respectively, for driving while suspended and possession of
drug paraphernalia. Mann timely appealed from these
STANDARD OF REVIEW
review a district court's order granting a motion to
suppress evidence using a bifurcated standard of
review." State v. Wulff, 157 Idaho 416, 418,
337 P.3d 575, 577 (2014). "This Court accepts the trial
court's findings of fact unless they are clearly
erroneous, but may freely review the trial court's