Appeals court upholds ruling

SANDPOINT — The Idaho Court of Appeals is affirming a lower court’s ruling on the denial of a motion to suppress evidence in a felony weapons possession case.

Jessie Ray Still was stopped for speeding by Sandpoint Police in 2017 and a K9 alerted to the presence of contraband. A search of the vehicle led to the discovery of methamphetamine and fully loaded .45-caliber semiautomatic pistol. Still was barred from possessing firearms due to a 2014 meth possession conviction, according to court documents.

Counsel for Still moved to suppress evidence in the case, citing state and federal cases where traffic stops were unlawfully prolonged.

Officer Eric Clark called the K9 handler over the radio but received no response, prompting the officer to place a second call, court documents indicate.

The state argued that the state case did not apply to Still’s and that Clark did not abandon or deviate from the purpose of the traffic stop.

Judge Barbara Buchanan denied the motion and Still would go on to enter a conditional plea of guilt on the weapon possession charge. He was ordered to serve up to four years in prison, but was jurisdiction was retained. Retained jurisdiction qualified Still for release onto probation after serving up to a year in prison.

On appeal, Still argued his Fourth Amendment rights were violated because the officer radioed a K9 handler prior to running Still’s license and registration.

The appeals court, however, concluded that calling to inquire of a K9 unit is available does not constitute an abandonment, rendering the federal case cited inapplicable.

“At most, a radio call to inquire if a drug-dog unit is available to a precursor to an alternate investigation,” Chief Judge David Gratton said in an eight-page ruling issued on Thursday. “Although the call may (or may not) result in an alternate investigation which may or not pass constitutional muster, the call itself does not amount to a Fourth Amendment violation.”

Keith Kinnaird can be reached by email at kkinnaird@bonnercountydailybee.com and follow him on Twitter @KeithDailyBee.