United States District Court, D. Idaho
MEMORANDUM DECISION AND ORDER
Lynn Winmill, Chief U.S. District Court Judge.
Court has before it a motion to suppress. The Court heard
evidence on September 28 and December 14, 2017, and the
parties submitted supplemental briefing after each hearing.
For the reasons explained below, the Court will deny the
early morning hours of January 26, 2017, several Boise Police
Department officers, including Officers Mitch Tiner and Jason
Green, were surveilling a suspected drug-trafficking
residence in Boise. At around 4:00 a.m., Officer Green saw a
Ford Bronco pull up to the house and park on the street. The
driver, later identified as Defendant Jason Bradford, went
inside for between 15 and 40 minutes, then walked outside
carrying something in his hands. Before Bradford got into the
Bronco and drove off, he handed the object he had just been
carrying to one of two people who had walked outside with
him. The Bronco then left the residence but returned within a
minute or so. Bradford stepped outside the car and was met by
one of the two people who had been standing outside with him
earlier. He retrieved the object he had been carrying
earlier, and drove off again, this time without his
Green did not follow the Bronco when it left because he was
more interested in another vehicle that was parked at the
residence. Nevertheless, he radioed other officers on duty to
look out for traffic violations committed by the Bronco.
one-half mile from the residence, Officer Tiner pulled over
the Bronco for failing to maintain its lane. Bradford told
Officer Tiner he had dropped his phone, which explained why
he swerved out of his lane. For the first three minutes and
thirty-four seconds of the stop, Officer Tiner spoke with
Bradford about this traffic violation, Bradford's parole
status, and the Bronco. See Ex. B., Tiner Bodycam
Video, Dkt. 17-3, at 0:01-3:34. Bradford informed
Officer Tiner that he was on parole for attempted robbery,
grand theft, and a firearms offense.
three minutes and forty-five seconds after pulling over
Bradford, Officer Tiner returned to his patrol car,
communicated with dispatch, pulled out Bradford's
driver's license, and began writing a citation. Before he
returned to his patrol car, two other officers, Michelle
Havens and Jessica Perkins, arrived on the scene. Officer
Havens positioned herself at the passenger window of the
Bronco before Officer Tiner returned to his patrol car to
write the citation.
fourth officer, Jason Green, arrived with his drug dog,
Jackson, while Officer Tiner was in his car filling out the
citation. Officer Green arrived to conduct a dog sniff of
Bradford's car. Before he did that, however, he walked up
to Officer Tiner, and the two had a brief conversation. The
first 26 seconds of the conversation were recorded, and this
is what the officers said:
Officer Green: Did you use the lights?
Officer Tiner: Yeah.
Officer Green: What's that?
Officer Tiner: Uhm, (inaudible) fail to maintain lane. When
he was coming down, he hit center, uh, lanes and then all the
way over into the solid white. I walked up and he was like,
“I'm sorry, I dropped my phone. I was trying to get
my phone off my feet.”
Officer Green: Did you uh, uh, did you tell him about lights?
Officer Tiner: No.
Officer Green: Okay, I was just thinking, if we don't use