ID: Any objective basis for stop controls despite subjective intent

The objective basis for the stop controls, no matter what the officer’s subjective intent. The state constitutional argument is deemed abandoned for not properly arguing it. State v. Spies, 2014 Ida. App. LEXIS 89 (August 22, 2014):

Spies argues that the reasonable suspicion standard is limited to the justification given by the officer to seize an individual and the facts to support that basis. Essentially, he argues that the State is bound by the officer’s subjective rationale for the stop, rather than whether the specific articulable facts would objectively support a reasonable suspicion. Spies asks this Court to clarify this area of law. However, both federal and Idaho courts have previously addressed this issue. The United States Supreme Court explained:

Our cases make clear that an arresting officer’s state of mind (except for the facts that he knows) is irrelevant to the existence of probable cause. See Whren v. United States, 517 U.S. 806, 812-813, 116 S. Ct. 1769, 135 L. Ed.2d 89 (1996) (reviewing cases); Arkansas v. Sullivan, 532 U.S. 769, 121 S. Ct. 1876, 149 L. Ed. 2d 994 (2001) (per curiam). That is to say, his subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause. As we have repeatedly explained, “‘the fact that the officer does not have the state of mind which is hypothecated by the reasons which provide the legal justification for the officer’s action does not invalidate the action taken as long as the circumstances, viewed objectively, justify that action.'” Whren, supra, at 813, 116 S. Ct. 1769 (quoting Scott v. United States, 436 U.S. 128, 138, 98 S. Ct. 1717, 56 L. Ed. 2d 168 (1978)). “[T]he Fourth Amendment’s concern with ‘reasonableness’ allows certain actions to be taken in certain circumstances, whatever the subjective intent.” Whren, supra, at 814, 116 S. Ct. 1769. “[E]venhanded law enforcement is best achieved by the application of objective standards of conduct, rather than standards that depend upon the subjective state of mind of the officer.” Horton v. California, 496 U.S. 128, 138, 110 S. Ct. 2301, 110 L. Ed. 2d 112 (1990).

Devenpeck v. Alford, 543 U.S. 146, 153, 125 S. Ct. 588, 160 L. Ed. 2d 537 (2004). The reason given by the officer need not even be closely related to the ultimate basis that supports probable cause. Id. at 153-55. Like probable cause, reasonable suspicion must be based on the objective information available to the officer. See Prouse, 440 U.S. at 654.

This Court has also explained the objective nature of the analysis relying on Idaho precedent: …