Idaho v. PhippsAnnotate this Case
In November 2016, Officer Kuebler and Officer Johnson from the Idaho Department of Correction performed a routine residence check on parolee Terry Wilson. Upon their arrival, the officers knocked on the apartment door and Wilson answered. As the officers entered, they noticed Kari Phipps exit from a back bedroom. The officers recognized Phipps from previous visits. The officers asked Phipps and Wilson to take a seat in the living room while they “cleared the bedrooms for other persons.” Officer Johnson testified that, although Phipps never asked to leave at that time, she was not “cleared to leave. . . . [b]ecause of procedure.” After ensuring there was no one else in the apartment, Officer Kuebler advised Phipps and Wilson that a drug dog would be brought in to aid in the search of the residence and asked whether there was anything in the apartment that they should know about. Phipps confessed to having a methamphetamine pipe in her backpack, which was on her person. Officer Kuebler proceeded to conduct a full search of the residence and found two safes containing drugs underneath a bed in a back bedroom. The officers called backup law enforcement to handle the drugs. At some point prior to the arrival of backup, the officers ascertained that Phipps had no outstanding warrants. Approximately ten to twenty minutes later, Officer Hutchison from the Coeur d’Alene Police Department arrived. Officer Hutchison talked with Phipps separately in a back bedroom after he read Phipps her Miranda rights. When asked whether she had a methamphetamine pipe in her backpack, Phipps confirmed that she did. Officer Hutchison searched Phipps’s backpack and found the methamphetamine pipe. Consequently, Officer Hutchison issued Phipps a citation for possession of drug paraphernalia. Phipps asserted the statements she made while detained during a routine parole search of a parolee’s residence, along with the evidence found as a result of her statements, were inadmissible on Fourth Amendment grounds. The State appealed, seeking to delineate the authority of parole officers to detain a non-parolee while performing a routine parole search of a parolee’s residence. The Idaho Supreme Court determined the limited detention of Phipps was reasonable, thus the district court erred in reversing the magistrate court's order denying Phipps' motion to suppress. The magistrate court's order was reinstated and the matter remanded for further proceedings.