Idaho high court reinstates drug case

SANDPOINT — The Idaho Supreme Court is reinstating a felony drug case against a Montana man who was involved in an unintentional traffic stop by Idaho State Police.

Irvin Cain Ray was charged with possessing 8 ounces of marijuana in 2009 after the driver of the pickup truck he was riding in stopped for Trooper Jeff Jayne. However, Jayne was attempting to pull over another vehicle that the pickup was following.

Both vehicles pulled into a turnout on Highway 200 east of Clark Fork, with the Subaru Jayne was attempting stop at one end and the Toyota Ray was in at the other, according to court documents.

Jayne maneuvered his patrol vehicle behind the Subaru and walked over to the Toyota to tell the driver he was free to move along. But Jayne detected the odor of pot coming from the Toyota’s cab, leading to a search of the vehicle.

Ray’s defense counsel moved to suppress the drug evidence, arguing that it was gained through unlawful detention. First District Judge Steve Verby granted the motion, finding that Jayne’s approach to the pickup constituted a seizure because a reasonable person would not feel free to leave at that point.

The case against Ray, a 58-year-old from Heron, was dismissed and the Idaho Court of Appeals upheld the district court ruling in 2010.

However, a majority of the state’s high court ruled on June 29 that Jayne’s actions were not contrary to the U.S. or Idaho constitutions.

Justice Daniel Eismann held that Jayne’s approach certainly indicated that he wanted to speak with the driver and agreed that a reasonable person would not feel comfortable with leaving.

“A law enforcement officer does not seize a person merely by approaching the person in a public place and asking the person if he or she would answer some questions,” Eismann wrote in the 13-page opinion.

Eismann added that Jayne did not have his gun drawn, make any hand gestures or even shine his flashlight at the Toyota.

Chief Just Roger Burdick and justices Jim Jones and Joel Horton concurred.

Justice Warren Jones dissented, however, and called the majority’s logic “flawed.” He held that Jayne could have simply waved for the pickup to depart and noted that the trooper’s demeanor didn’t change after he detected the odor of pot.

“Instead, he just continued walking, objectively manifesting the exact same behavior as he was exhibiting when Ray was supposedly free to leave. This supports my conclusion that Trooper Jayne’s subjective intent was not objectively conveyed by his outward conduct,” Warren Jones wrote.