Idaho v. Neimeyer
Annotate this CaseThe issue this appeal presented for the Idaho Supreme Court's review centered on whether Shelaina Neimeyer’s argument concerning judicial notice of a municipal ordinance was properly preserved for appeal. An employee at a gas station in Twin Falls, Idaho, contacted the police about a vehicle that had been parked at the gas station for over an hour. The employee reported that a woman who had previously purchased alcohol at the gas station (later identified as Neimeyer) had not moved from the vehicle for over 30 minutes. Consequently, Officers Tracy Thompson and Candace Comeau were dispatched at approximately 2 a.m. to conduct a welfare check. When the officers approached Neimeyer's vehicle, Officer Comeau then asked Neimeyer about a small, closed container on the passenger seat. Neimeyer initially refused to allow the officers to search the container, but she acquiesced, and the officers smelled the odor of marijuana inside. After Officer Thompson asked Neimeyer to exit her vehicle, she complied and took her purse with her. Neimeyer was placed in handcuffs and told she was being detained because of the alcohol found in her vehicle, the marijuana found in the container, and the possibility that she may be under the influence of drugs or alcohol. Officer Thompson then searched Neimeyer’s purse and discovered incriminating evidence, including methamphetamine, marijuana, and drug paraphernalia. After Neimeyer was charged with possession of methamphetamine, marijuana, and drug paraphernalia, she filed a motion to suppress evidence, contending the district court erred when it denied her motion because: (1) the State did not prove the existence of a City of Twin Falls ordinance; and (2) the district court was precluded from taking judicial notice of a municipal ordinance. Because Neimeyer raised her argument concerning judicial notice for the first time on appeal, the Idaho Supreme Court affirmed the district court’s decision.
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