State v. Henage, 143 Idaho 655

Summary

The Supreme Court of Idaho reversed the denial of Jeremy Henage's motion to suppress evidence discovered during a roadside pat-down following a traffic stop. The court held that the encounter had become consensual, but the officer lacked specific and articulable facts objectively supporting a reasonable belief that Henage posed a danger warranting a protective frisk under Terry v. Ohio. The court reversed the suppression ruling, vacated the conviction, and remanded the case.

Holdings

1. The traffic stop evolved into a consensual encounter after the officers completed the traffic investigation, returned the driver's information, and told Henage that he was free to go; the continued activation of one patrol car's overhead lights did not prevent that transition.
2. The pat-down search was unreasonable because the officer did not identify specific and articulable facts supporting an objectively reasonable belief that Henage posed a risk of danger to the officer or others.

Questions Presented

1. Whether the traffic stop evolved into a consensual encounter before Sergeant Baker's extended questioning of Henage.
2. Whether Sergeant Baker's pat-down search of Henage was constitutionally justified under the Fourth Amendment.

Disposition

reversed_and_remanded