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For the week of Dec. 8, 1999 through Dec. 14, 1999

Judge rules police search illegal


By GREG MOORE
Express Staff Writer

A decision made last week by a Fifth District Court judge in Hailey reinforced limits on the authority of local police to conduct personal searches.

The decision resulted in dismissal on Monday of a felony charge of trafficking in methamphetamine against a Mexican woman arrested in Ketchum this past August.

According to facts set out in Judge James May’s decision, Andrea A. Ambriz was arrested after Ketchum Police Lt. Mike McNeil had been questioning an acquaintance of hers, Eliberto Lopez, whom he suspected of driving with a suspended license, outside Lopez’ apartment at the Wood River Racquet Club. During the conversation, Ambriz approached Lopez’ car and Lopez said something to her in Spanish.

"In apparent response," the court decision states, Ambriz "got into Mr. Lopez’ vehicle and began going through the glove box. This activity lasted for between 20 and 30 seconds before she exited the car and attempted to walk away from the scene with her back towards the officers.

"At this point, Officer McNeil approached Ms. Ambriz, commanded her to stop, and inquired into what she was doing. Ms. Ambriz replied that, ‘I’m getting something that belongs to me out of the car.’

At Officer McNeil’s request, Ms. Ambriz then produced the vehicle owner’s manual with her right hand. At the same time, Ms. Ambriz’ left hand was covered by a small child’s shirt. Officer McNeil, fearful of a weapon, pulled the cloth from her hand. Ms. Ambriz then put her left hand behind her back. In response, Officer McNeil grabbed her hand and pulled it back in front of her so that he could observe it. There was nothing sticking out of her closed fist; still, Officer McNeil testified that she could have been holding a "zip gun" in her hand and was concerned about his safety.

"Then, in recounting the exchange between the two, Officer McNeil testified that he asked her what was in her hand and then stated, ‘If you’ve got drugs or anything in your hand, you need to let me know because I’ve got a drug dog in my car and I will have him come on out—or her come on out and sniff your hand.’

"In response, Ms. Ambriz opened her hand and Officer McNeil observed a tannish colored granular substance which he suspected were controlled substances."

Subsequent to Ambriz’ arrest, her attorney, Doug Nelson, filed a motion to suppress the evidence of the alleged methamphetamine taken from her on the grounds that it was obtained through an illegal search.

During oral argument on the motion at the Blaine County Courthouse on Monday of last week, Nelson stated that the U.S. Supreme Court has ruled that before an officer can conduct a warrantless search, he must have "a reasonable and articulable suspicion that a crime has been or is about to be committed." Nelson pointed out that McNeil had testified that he had had no reason to believe Ambriz was doing anything illegal by rummaging through the car’s glove box.

In his decision, May addressed county deputy prosecutor Jim Thomas’ argument that the search was legal on the grounds that once detained, "Ms. Ambriz acted furtive and attempted to hide something from the officer."

"All of these actions came after the seizure had been accomplished," May ruled. "Therefore, they cannot be considered in reaching a conclusion of reasonable suspicion to detain."

"As the defense pointed out in oral argument," he stated later in his decision, "there could be many lawful reasons that Ms. Ambriz had approached the vehicle and gotten into the glove compartment."

May also denied Thomas’ argument that McNeil had a right to search Ambriz on the grounds that he suspected Lopez to be a drug trafficker and knew that drug traffickers often carry weapons.

"General knowledge as to drug traffickers’ possessing weapons does not amount to specific facts giving rise to reasonable suspicion in a particular case," May ruled.

Following the dismissal, Ambriz, an illegal alien, was picked up at Blaine County Jail by the U.S. Immigration and Naturalization Service and transported to Mexico. Lopez had already been deported.

Ketchum Police Chief Cal Nevland said in an interview that McNeil’s careful examination of Lopez and Ambriz was motivated by the fact that Lopez had previously been arrested twice on drug delivery charges. According to Thomas, those charges were dropped when confidential informants scheduled to appear as witnesses against Lopez left the area.

Nevland added that the presence of a suspected drug trafficker in the courtroom during Ambriz’ preliminary hearing led police to believe that Ambriz may have been the subject of threats to keep quiet about the ownership of the meth allegedly found by McNeil.

Nevland said that though he couldn’t fault May’s legal reasoning, he was upset with the dismissal of charges against Ambriz,.

"I think it just goes along with the ridiculousness of the search and seizure laws we have in this country," Nevland said. "I think the rights of protection in search and seizure have gone so far that what they’re doing is protecting the criminal, not the innocent person."

Nevland contended that Lopez’ history and Ambriz’ actions gave McNeil reasonable cause to believe Ambriz was hiding either a weapon or contraband.

"It’s as clear as the nose on your face," he said. "When you think about the consequences of what meth is doing to our society, and you think about the consequences of the officer detaining this individual, that just doesn’t weigh out."

Nelson, however, praised May’s decision.

"It takes a very courageous judge to make an unpopular decision, but good judges make unpopular decisions," he said.

Nelson acknowledged that search and seizure law is still evolving. He said a case now before the U.S. Supreme Court will determine whether police can detain a person solely because he flees upon seeing them.

 

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