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State v. Griffin11/23/2004
On February 6, 2003, Butte-Silver Bow Police Officer Sharman Hock observed Griffin driving his pickup. Officer Hock was aware Griffin did not have a valid license, but confirmed this fact with dispatch. She followed Griffin to a residence where she observed him exit his vehicle and walk towards the residence. Pursuant to a city court policy directing that anyone stopped for driving on a revoked or suspended license should be arrested, booked, and taken to jail, Officer Hock arrested Griffin and handcuffed him. When asked if he had anything sharp, Griffin replied that he had a knife. Officer Hock felt and retrieved a small hard object in a black case in Griffin's pocket. The object was a glass pipe with white residue on it. Officer Hock recognized the pipe and white residue as drug paraphernalia.
Griffin then informed Officer Hock he had a gun inside his pickup, but declined her request to search the vehicle. Officer Hock applied for and received a search warrant authorizing a search for evidence of drug possession in Griffin's pickup. When Officer Hock approached Griffin's pickup to search it, she saw in the open truck bed two semitransparent garbage bags, through which she saw boxes of matches and pseudoephedrine, items she knew could be used to manufacture methamphetamine. Officer Hock then called in the Southwest Montana Drug Task Force. Pursuant to another search warrant, the Task Force searched Griffin's residence and found booby-trapped explosives protecting a methamphetamine lab.
Griffin was charged with four felony counts: Count I, Operation of an Unlawful Clandestine Laboratory, in violation of § 45-9-132, MCA; Count II, Criminal Possession of Dangerous Drugs with Intent to Sell, in violation of § 45-9-103, MCA; Count III, Criminal Possession of Property Subject to Forfeiture, in violation of § 45-9-206, MCA; and Count IV, Possession of Explosives in violation of § 45-8-335, MCA.
On May 1, 2003, Griffin filed a motion to suppress all evidence obtained in the searches of his person, vehicle, and home and all statements he made. Griffin also filed a motion to dismiss the charge of Possession of Explosives. The motions were set for hearing and heard by the District Court on May 28, 2003. The District Court denied Griffin's motion to suppress June 6, 2003. Thereafter, pursuant to a plea agreement, Griffin pled guilty to Counts I and III and to driving under the influence, a charge related to a previous incident. He reserved his right to appeal all pre-trial rulings by the District Court.
Griffin now appeals from the District Court's denial of his motion to suppress.
STANDARD OF REVIEW
We review a district court's denial of a motion to suppress "to determine whether the court's findings of fact are clearly erroneous and whether its interpretation and application of the law are correct." City of Cut Bank v. Bird, 2001 MT 296, 9, 307 Mont. 460, 9, 38 P.3d 804, 9. Further, as a reviewing court, this Court's function is to ultimately ensure the issuing judge had a "substantial basis" to determine probable cause existed before issuing the search warrant. State v. Reesman, 2000 MT 243, 19, 301 Mont. 408, 19, 10 P.3d 83, 19 (citation omitted). A judge's determination of probable cause is given great deference and every reasonable inference possible will be drawn to support that determination. Reesman, 19.
DISCUSSION ISSUE ONE
Did the District Court err in not suppressing evidence of a methamphetamine pipe found on Griffin's person when he was arrested?
Griffin asserts Officer Hock's warrantless search of his person was an unlawful invasion of his privacy not justified by a compelling state interest.
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