Opinion No. 10
from the District Court of the Sixth Judicial District of the
State of Idaho, Bear Lake County. Hon. Mitchell W. Brown,
district court's order suppressing evidence is
Honorable Lawrence G. Wasden, Attorney General, Boise, for
Respondent did not participate in the appeal.
State of Idaho appeals from the decision of the district
court suppressing evidence found during a search of Brody
Jaskowski's pickup. Relying on State v. Turek,
150 Idaho 745, 250 P.3d 796 (Ct. App. 2011), the district
court held that Jaskowski's probation agreement required
that his probation officer request that Jaskowski submit to a
search. The district court found that the probation officer
did not make such a request of Jaskowski before searching his
vehicle. Therefore, the district court suppressed evidence
discovered in the course of the search. We affirm.
FACTUAL AND PROCEDURAL BACKGROUND
October 29, 2014, following his plea of guilty to a
misdemeanor charge of driving under the influence, Jaskowski
was placed on supervised probation for 18 months. The
judgment of conviction and order for probation incorporated
Jaskowski's agreement of supervision. In Paragraph 9 of
the supervision agreement, Jaskowski agreed that:
I shall submit and I agree to polygraph examinations,
warrantless searches of my person, personal property,
electronic devices, automobiles, residence, and outbuildings
at the request of my Probation Officer, by the Probation
Officer, Peace Officer, and/or his designee; with or without
Probable Cause; any time day or night. I understand that any
Alcohol, evidence, and/or Contraband will be confiscated, and
new charges can be filed in the event of criminal activity.
April 15, 2016, Jaskowski was driving his pickup when he was
stopped by a Montpelier Police Department officer. The
officer had been looking for Jaskowski because he had
recently learned that there was a warrant for Jaskowski's
arrest. After seeing a pickup matching the description of one
registered to Jaskowski, the officer contacted dispatch and
was advised that there was a warrant for Jaskowski's
arrest. Aware that Jaskowski was on probation, the officer
also called Jaskowski's probation officer, who asked him
to stop Jaskowski.
officer pulled Jaskowski over and, as he approached the
pickup, the officer was informed that the warrant for
Jaskowski's arrest had been recalled by the court. The
officer informed Jaskowski of the reason for the stop and
requested his driver's license and vehicle information.
The officer "ran" Jaskowski's driver's
license and learned that it "was shown as denied."
As the officer was writing Jaskowski a citation for driving
without privileges, Jaskowski's probation officer
probation officer told Jaskowski that he was going to search
his vehicle and then began the search. At some point in the
search, the probation officer asked the police officer to
take Jaskowski into custody. After complying with the
probation officer's request, the police officer then
assisted in completing the search of Jaskowski's pickup.
the search, the officers found two pipes that field-tested
positive for the presence of methamphetamine. In subsequent
questioning, Jaskowski admitted to having used ...