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State v. Jaskowski

Supreme Court of Idaho

January 18, 2018

STATE OF IDAHO, Plaintiff-Appellant,
v.
BRODY L. JASKOWSKI, Defendant-Respondent.

         2018 Opinion No. 10

          Appeal from the District Court of the Sixth Judicial District of the State of Idaho, Bear Lake County. Hon. Mitchell W. Brown, District Judge.

         The district court's order suppressing evidence is affirmed.

          Honorable Lawrence G. Wasden, Attorney General, Boise, for appellant.

          Respondent did not participate in the appeal.

          HORTON, Justice.

         The 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.

         I. FACTUAL AND PROCEDURAL BACKGROUND

         On 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.

         On 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.

         The 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 arrived.

         The 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.

         During the search, the officers found two pipes that field-tested positive for the presence of methamphetamine. In subsequent questioning, Jaskowski admitted to having used ...


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