ID: “Right result-wrong theory” will not be applied to relieve the state of defaulting an argument in support of search

“Right result-wrong theory” will not be applied to relieve the state of failing to make an argument to support the search in the trial court. The state defaulted the argument it advances on appeal. State v. Garcia-Rodriguez, 2017 Ida. LEXIS 171 (June 14, 2017):

A review of the record of the proceedings before the trial court shows that the State consistently argued that Garcia-Rodriguez was arrested pursuant to Idaho Code section 49-301(1) for driving without a license and that Otto reasonably concluded that Garcia-Rodriguez “would likely not appear in court, justifying [Garcia-Rodriguez’s] arrest pursuant to Idaho Code 49-301 and 49-1407(1).” That position is set forth in the State’s Affidavit in Support of Complaint or Warrant for Arrest, the State’s Memorandum Opposing Defendant’s Motion to Suppress under the heading “Basis for the Arrest,” and in the State’s Response to Defendant’s Reply to State’s Opposition to Defendant’s Motion to Suppress, once again under the heading “Basis for the Arrest.” The State’s current argument that Idaho Code section 49-1407 is immaterial to the question of the constitutionality of the arrest is nowhere to be found.

The State contends that this Court should apply the correct legal analysis in reaching our decision on appeal, without regard for the arguments advanced before the trial court. It is true that “where an order of the district court is correct but based upon an erroneous theory, this Court will affirm upon the correct theory. This doctrine is sometimes called the ‘right result-wrong theory’ rule.” Idaho Sch. for Equal Educ. Opportunity v. Evans, 123 Idaho 573, 580, 850 P.2d 724, 731 (1993) (internal citation omitted). While the State properly observes that this Court has corrected lower court decisions based on legal error, we did so when the lower court reached the correct result albeit by way of erroneous legal reasoning. This is not one of those situations. We decline to adopt a “wrong result-wrong theory” approach to reverse a lower court’s decision based on issues neither raised nor argued below. In territorial days, a sesquicentenary ago, this Court explained why:

It is for the protection of inferior courts. It is manifestly unfair for a party to go into court and slumber, as it were, on his defense, take no exception to the ruling, present no point for the attention of the court, and seek to present his defense, that was never mooted before, to the judgment of the appellate court. Such a practice would destroy the purpose of an appeal and make the supreme court one for deciding questions of law in the first instance.

Smith v. Sterling, 1 Idaho 128, 131 (1867). This requirement applies equally to all parties on appeal. Because the constitutionality of arresting Garcia-Rodriguez without regard for Idaho Code section 49-1407(1) was not argued before the district court, it is not properly before this Court on appeal.