from the District Court of the First Judicial District, State
of Idaho, Kootenai County. Hon. John T. Mitchell, District
of conviction for one count of felony possession of a
controlled substance and one count of misdemeanor possession
of a controlled substance, affirmed.
D. Fredericksen, State Appellate Public Defender; Jenny C.
Swinford, Deputy Appellate Public Defender, Boise, for
Lawrence G. Wasden, Attorney General; Russell J. Spencer,
Deputy Attorney General, Boise, for respondent.
Rianna Reeder appeals from her judgment of conviction for one
count of felony possession of a controlled substance and one
count of misdemeanor possession of a controlled substance.
Reeder challenges the district court's order denying her
motion to suppress. For the reasons set forth below, we
AND PROCEDURAL BACKGROUND
approximately 1:30 a.m., an officer noticed a vehicle parked
on the side of the road with its lights off and its engine
running. The officer parked his patrol car approximately
twenty feet behind the vehicle, but did not activate the
patrol car's overhead lights or sirens. When the officer
approached the vehicle, he saw two occupants inside who
appeared to be sleeping or passed out; the passenger was
later identified as Reeder. The officer waited for a backup
officer before making contact with the vehicle's
occupants. After the backup officer arrived, he tapped on the
window on the passenger side of the car while the first
officer asked the driver if he could roll down the window.
When the driver indicated the window was broken, the officer
asked the driver if he could open the door. The officer
smelled the odor of marijuana within seconds of the driver
opening the door. During a subsequent search of Reeder and
her purse, the officer discovered heroin, marijuana, and
State charged Reeder with felony possession of a controlled
substance (heroin), misdemeanor possession of a controlled
substance (marijuana), and possession of paraphernalia.
Reeder filed a motion to suppress, alleging she was
unlawfully seized. The district court denied Reeder's
motion. Reeder thereafter entered a conditional guilty plea
to the two possession of a controlled substance charges,
reserving her right to challenge the denial of her motion to
suppress, and the State dismissed the paraphernalia charge.
standard of review of a suppression motion is bifurcated.
When a decision on a motion to suppress is challenged, we
accept the trial court's findings of fact that are
supported by substantial evidence, but we freely review the
application of constitutional principles to the facts as
found. State v. Atkinson, 128 Idaho 559, 561, 916
P.2d 1284, 1286 (Ct. App. 1996). At a suppression hearing,
the power to assess the credibility of witnesses, resolve
factual conflicts, weigh evidence, and draw factual
inferences is vested in the trial ...