State of Idaho v. Amanda Lynn Sharrah
CourtIdaho Court of Appeals
Date FiledNovember 3, 2026
Docket52044
StatusUnpublished
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Full Opinion
IN THE COURT OF APPEALS OF THE STATE OF IDAHO
Docket No. 52044
STATE OF IDAHO, )
) Filed: November 3, 2026
Plaintiff-Respondent, )
) Melanie Gagnepain, Clerk
v. )
) THIS IS AN UNPUBLISHED
AMANDA LYNN SHARRAH, ) OPINION AND SHALL NOT
) BE CITED AS AUTHORITY
Defendant-Appellant. )
)
Appeal from the District Court of the Seventh Judicial District, State of Idaho,
Bonneville County. Hon. Bruce L. Pickett, District Judge. Hon. Brendon Taylor,
Magistrate.
Decision of the district court, on intermediate appeal from the magistrate court,
affirmed.
Erik R. Lehtinen, State Appellate Public Defender; Kimberly A. Coster, Deputy
Appellate Public Defender, Boise, for appellant.
Hon. Raúl R. Labrador, Attorney General; Allison C. Jaros, Deputy Attorney
General, Boise, for respondent.
________________________________________________
PETTY, Judge
Amanda Lynn Sharrah appeals from the district court’s decision, on intermediate appeal,
affirming the magistrate court’s denial of her motion to suppress. Sharrah argues that the district
court erred in affirming the magistrate court’s denial of her motion to suppress because she was
subject to an unlawful de facto arrest. For the reasons stated below, we affirm.
I.
FACTUAL AND PROCEDURAL BACKGROUND
In the early morning hours of June 5, 2022, a witness informed law enforcement in
Bonneville County that a driver had been involved in an automobile accident and left the scene on
foot. Two police officers encountered a woman who matched the description of the driver, later
identified as Sharrah, walking alone along the Snake River Greenbelt in Idaho Falls near the
location of the automobile accident. Sharrah initially failed to stop walking when asked to do so
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by the officers. The location of the encounter was close to the Snake River, and it was dark with
no lighting on the footpath beyond the officers’ flashlights. Briefly into the encounter, the officers
placed Sharrah in handcuffs. Despite a visible wound on her arm, Sharrah denied the existence of
it when an officer asked if she was injured. The officers confirmed Sharrah had no weapons. An
officer told Sharrah she was being detained because the officers had reason to believe she had been
involved in an automobile accident while driving under the influence (DUI) and had left the scene.
With Sharrah in handcuffs, officers directed her to sit on a park bench. There, an officer
asked Sharrah if she had anything in her mouth and then began a fifteen-minute observation period
required for a breath test. Three officers asked Sharrah if she would submit to Field Sobriety Tests
(FSTs) and/or a breath test, after which, she would be taken home. The officers stated that if
Sharrah did not comply, they would obtain a warrant for a blood draw and take her to jail. During
this time, and throughout the encounter, Sharrah either did not respond to the officers’ questions,
said that she “wants to go home,” or said that the officers were “lying” to her or trying to trick her.
Sharrah’s speech was slurred and she frequently repeated herself.
During the encounter, Sharrah initially agreed to perform the FSTs and the breath test. An
officer stated that Sharrah could not safely perform the FSTs. Voicing concerns about the
sprinklers going off near the bench and Sharrah’s instability, an officer placed Sharrah in the back
seat of a police vehicle. Initially, the officers left the vehicle door open, and Sharrah’s legs hung
outside of the car. One officer played Sharrah an informational recording, which advised her about
DUI testing, test refusals, and her rights. Sharrah told the officers that she refused to take the test
but soon thereafter said, “I have not refused.” When the recording concluded, the officers
repeatedly asked Sharrah to take the breath test, but she either did not answer, refused, or asked to
go home. The officers closed the vehicle door with Sharrah in the back seat while the officer who
played the recording began writing a citation for Sharrah. Sharrah then agreed to undergo a blood
draw. Moments later, Sharrah again refused to undergo testing and would not consent to any
testing for the rest of the encounter. As a result, an officer called to obtain a blood draw warrant
from a judge. The entire encounter lasted approximately forty-five minutes. Sharrah’s blood draw
tests showed that her blood alcohol concentration was 0.224 the night of the arrest.
The State charged Sharrah with driving under the influence (excessive), Idaho Code § 18-
8004C, and failure to report an accident, I.C. § 49-1305. Sharrah initially pled not guilty to these
charges.
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During pretrial proceedings, Sharrah filed a motion to suppress with the magistrate court.
Sharrah argued that law enforcement subjected her to an unlawful warrantless arrest for a
misdemeanor completed outside the officers’ presence, and any evidence obtained as a result,
specifically her blood draw, must be suppressed pursuant to Article 1, Section 17 of the Idaho
Constitution, as determined in State v. Clarke, 165 Idaho 393, 446 P.3d 451 (2019). Sharrah later
amended her argument to include an assertion that her seizure became a de facto arrest before the
officers obtained a warrant.
The magistrate court denied the motion. Sharrah entered a conditional guilty plea to
misdemeanor DUI pursuant to I.C. § 18-8004(1)(a), preserving her right to appeal the magistrate
court’s denial of her motion to suppress.
On intermediate appeal, Sharrah argued that the magistrate court’s factual findings were
unsupported by substantial evidence, and that the magistrate court misapplied the law in
concluding that Sharrah’s detention did not constitute a de facto arrest. The district court affirmed
the magistrate court’s findings and legal conclusions. Sharrah timely appeals.
II.
STANDARD OF REVIEW
For an appeal from the district court, sitting in its appellate capacity over a case from the
magistrate court, we review the record to determine whether there is substantial and competent
evidence to support the magistrate court’s findings of fact and whether the magistrate court’s
conclusions of law follow from those findings. State v. Korn, 148 Idaho 413, 415, 224 P.3d 480,
482 (2009). However, as a matter of appellate procedure, our disposition of the appeal will affirm
or reverse the decision of the district court. State v. Trusdall, 155 Idaho 965, 968, 318 P.3d 955,
958 (Ct. App. 2014). Thus, we review the magistrate court’s findings and conclusions, whether
the district court affirmed or reversed the magistrate court and the basis therefor, and either affirm
or reverse the district court.
The standard of review of a suppression motion is bifurcated. When a decision on a motion
to suppress is challenged, we accept the trial court’s findings of fact that are supported by
substantial evidence, but we freely review the application of constitutional principles to the facts
as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct. App. 1996). At a
suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts,
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weigh evidence, and draw factual inferences is vested in the trial court. 1 State v. Valdez-Molina,
127 Idaho 102, 106, 897 P.2d 993, 997 (1995); State v. Schevers, 132 Idaho 786, 789, 979 P.2d
659, 662 (Ct. App. 1999).
III.
ANALYSIS
Sharrah argues that the district court erred in affirming the magistrate court’s denial of her
motion to suppress because: (1) the police officers’ use of handcuffs was not justified, subjecting
Sharrah to an unlawful warrantless de facto arrest; (2) the officers lacked probable cause to arrest
Sharrah, violating her rights under the Fourth Amendment to the United States Constitution; and
(3) additionally, or alternatively, because her arrest was for “suspected misdemeanors committed
outside the presence of the officers,” Sharrah’s rights were violated under Article 1, Section 17 of
the Idaho Constitution as interpreted in Clarke, 165 Idaho at 393, 446 P.3d at 451. Additionally,
Sharrah contends that this Court should overrule State v. Meneses-Rodriguez, 174 Idaho 444, 556
P.3d 459 (Ct. App. 2024), where we held that Clarke does not extend to de facto arrests. The State
argues that Sharrah has not shown that the district court erred by affirming the magistrate court’s
denial of her motion to suppress because the officers’ use of handcuffs was reasonable under the
circumstances. The State also argues that Sharrah did not preserve a Fourth Amendment probable
cause claim. Finally, the State argues that Meneses-Rodriguez forecloses Sharrah’s Clarke
challenge, and Sharrah has not articulated any basis for overruling Meneses-Rodriguez.
A. Arguments waived on appeal.
Sharrah’s claim that the officers lacked probable cause to detain her is not preserved
because she did not present this argument below. Sharrah’s Clarke challenge is also not preserved
because she did not raise it on intermediate appeal.
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Both parties cite an exception to this rule: when the evidence before this Court is “exactly
the same evidence before it as was considered by the district court[,] . . . we do not extend the
usual deference to the district court’s evaluation of the evidence.” State v. Andersen, 164 Idaho
309, 312, 429 P.3d 850, 853 (2018). Sharrah does not argue that the district court erred in applying
the substantial evidence standard of review when it reviewed and affirmed the magistrate court’s
factual findings. In the absence of a challenge to the district court’s application of the substantial
evidence standard in its review of the magistrate court’s factual findings, this Court has no issue
before it regarding the substantial evidence standard.
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Generally, we will not consider issues raised for the first time on appeal. State v. Garcia-
Rodriguez, 162 Idaho 271, 275, 396 P.3d 700, 704 (2017). A party preserves an issue for appeal
by properly presenting the issue with argument and authority to the trial court below and noticing
it for hearing or a party preserves an issue for appeal if the trial court issues an adverse ruling.
State v. Miramontes, 170 Idaho 920, 924-25, 517 P.3d 849, 853-54 (2022). Absent fundamental
error, an issue not raised at trial or on intermediate appeal may not be raised at a subsequent stage
of the appellate process. State v. Camp, 134 Idaho 662, 668, 8 P.3d 657, 663 (Ct. App. 2000).
Here, Sharrah did not raise a probable cause challenge or present her position on that issue
to the magistrate court or the district court in its appellate capacity, nor did the district court issue
an adverse ruling on probable cause. Thus, Sharrah’s probable cause challenge has not been
preserved and will not be considered.
Sharrah’s Clarke challenge is also not preserved. Here, Sharrah’s Clarke argument is that
because the use of handcuffs converted her detention into a warrantless de facto arrest for a
misdemeanor committed outside the officers’ presence, the blood draw evidence obtained from
her arrest should be suppressed. At the hearing on her motion to suppress, Sharrah’s Clarke
argument was largely the same as it is here, except for what Sharrah contends transformed her
investigatory detention into a de facto arrest.
However, on intermediate appeal, Sharrah only maintained the first half of these arguments
and only argued that her detention turned into a de facto arrest. Sharrah failed to cite Clarke as
applicable authority or present a Clarke argument that Article 1, Section 17 of the Idaho
Constitution prohibits warrantless arrests for misdemeanors completed outside the officer’s
presence. As a result, the district court issued no adverse ruling on a Clarke argument, nor did it
cite the case in its written opinion. Thus, Sharrah’s Clarke challenge is not preserved.
B. The district court correctly affirmed the magistrate court’s denial of the motion to
suppress.
The district court held that the magistrate court did not err by finding that Sharrah’s
detention did not constitute a de facto arrest. On appeal to this Court, Sharrah concedes that most
of the factors for a de facto arrest weigh against her, and only argues that the officers’ use of
handcuffs subjected her to an unlawful de facto arrest. The State argues that, on the facts of this
case, it was reasonable for the officers to handcuff Sharrah and doing so did not transform an
investigatory detention into a de facto arrest. There is no bright-line rule for evaluating whether
an investigative detention is unreasonable; instead, common sense and ordinary human experience
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must govern over rigid criteria. State v. Pannell, 127 Idaho 420, 423, 901 P.2d 1321, 1324 (1995)
(internal citations omitted). An investigatory detention is reasonable if law enforcement is aware
of specific articulable facts, together with rational inferences therefrom, which warrant suspicion
that the person has committed or is about to commit a crime. Florida v. Royer, 460 U.S. 491, 498
(1983); United States v. Brignoni-Ponce, 422 U.S. 873, 884 (1975); State v. Rawlings, 121 Idaho
930, 932, 829 P.2d 520, 522 (1992). Additionally, law enforcement’s investigatory methods, such
as use of handcuffs, must be reasonable based upon the specific facts of the situation and the
reasonable inferences drawn from those facts. State v. DuValt, 131 Idaho 550, 554, 961 P.2d 641,
645 (1998).
To determine whether an investigatory detention or an arrest has occurred, courts evaluate
the totality of the circumstances using several factors: (1) the seriousness of the crime or crimes
under investigation; (2) the location of the encounter; (3) the length of the detention; (4) the
reasonableness of the officers’ display of force; (5) the conduct of the suspect while the encounter
unfolds; (6) the duration of the invasion imposed by the additional restriction, and (7) the law
enforcement purposes served by that intrusion. State v. Martinez, 129 Idaho 426, 431, 925 P.2d
1125, 1130 (Ct. App. 1996); State v. Maahs, 171 Idaho 738, 747, 525 P.3d 1131, 1140 (2023). If
the detention is not reasonable under the totality of the circumstances, the seizure constitutes a
de facto arrest that must comport with applicable statutory and constitutional standards. Martinez,
129 Idaho at 431, 925 P.2d at 1130. Sharrah only argues the first five factors, and does not address
the sixth or seventh factors. We, therefore, hold that the sixth and seventh factors do not weigh in
Sharrah’s favor and we will limit our analysis to the factors Sharrah raises on appeal.
1. Seriousness of the crime.
To support her argument that the officers’ use of handcuffs subjected her to a de facto
arrest, Sharrah argues that, while the nature of a DUI offense is of great societal concern, the
offense is a nonviolent misdemeanor and its seriousness does not indicate a substantial risk of
danger. However, as the State notes, Sharrah conceded the seriousness of the crime on
intermediate appeal. Furthermore, the Idaho Supreme Court has held that DUI is a serious crime.
Reagan v. Idaho Transp. Dept., 169 Idaho 689, 697, 502 P.3d 1027, 1035 (2021). The magistrate
court’s finding that the seriousness of the crime weighs in favor of the State is supported by
substantial and competent evidence, and the district court did not err in affirming the magistrate
court’s finding on this factor.
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2. Location of the encounter.
After Sharrah fled the scene of the automobile accident, her initial encounter with police
officers took place on a greenbelt near a river. The district court affirmed the magistrate court’s
finding that the location offered safety concerns for the officers and Sharrah. In her intermediate
appeal reply brief, Sharrah conceded that the initial encounter took place in a darkened area.
On appeal before this Court, Sharrah does not contest the location of the encounter factor,
the district court’s holding regarding the dangers posed by the location of the initial encounter, nor
its conclusion that the magistrate court made no errors in its findings. Thus, the district court did
not err in affirming the magistrate court’s determination that the location of the encounter factor
weighs in favor of the State.
3. Length of the encounter.
Sharrah does not contest the length of the detention factor on appeal to this Court, and
substantial and competent evidence supports the magistrate court’s finding that the length of the
detention was reasonable.
The United States Supreme Court has stated that law enforcement's investigation must be
diligent, and the detention must not be prolonged longer than necessary to confirm or dispel the
suspicion that warranted the detention in the first instance. See United States v. Sharpe, 470 U.S.
675, 685 (1985). Here, the magistrate court found that the total time between Sharrah’s initial
detention and an officer calling to get a blood draw warrant lasted approximately forty-five
minutes. In that time, the magistrate court found that the officers properly followed the DUI
investigation procedures, including a fifteen-minute observation period, before attempting to
administer a breath test and playing the required recording explaining her rights regarding DUI
testing and the consequences of refusing. Sharrah’s behavior, such as vacillating between
consenting to DUI testing and refusing to take the tests, extended the detention before the officers
became certain she would not consent and a blood draw warrant would be required.
Based on the magistrate court’s findings, the district court held that the length of the
detention was reasonable under the circumstances. This factor weighs in favor of the State.
4. Reasonableness of the officers’ display of force.
Sharrah contends that the officers’ use of handcuffs was excessive for the detention because
she was physically compliant with their requests, not holding any weapons, and not otherwise
presenting a risk of danger to the officers. Sharrah also argues that she made no furtive movements
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or glances indicating she planned to run from the officers. Finally, Sharrah contends that because
she was alone, the officers could have maintained the status quo without the use of handcuffs.
Sharrah contends that this shows she presented neither a risk of substantial danger nor of flight
when the officers encountered and handcuffed her.
The State concedes that Sharrah did not pose a direct threat of attack, and that there was no
objective reason to believe that Sharrah would have intentionally hurt an officer during the
encounter. The State argues instead that the danger Sharrah posed to the officers was due to the
inherent risks involved in a nighttime chase had she attempted to escape detention. The State also
argues that the number of officers present did not alleviate the dangers posed: Sharrah had already
fled the scene of a vehicle accident; she showed signs of intoxication; and the location was dark
with natural hazards nearby.
Police must use the least intrusive means reasonably available to conduct an investigative
detention. Reagan, 169 Idaho at 697, 502 P.3d at 1035. Handcuffing a suspect does not
automatically convert an investigative detention into an arrest if law enforcement has reason to
believe that suspect poses a substantial risk of danger or flight. Maahs, 171 Idaho at 747, 525 P.3d
at 1140; Pannell, 127 Idaho at 424, 901 P.2d at 1325. “Placing a suspect in handcuffs is a much
greater level of intrusion than other tactics ordinarily associated with an investigative detention.”
Maahs, 171 Idaho at 748, 525 P.3d at 1141 (citing Pannell, 127 Idaho at 424, 901 P.2d 1325)).
However, a detention is not unreasonable simply because the protection of the public might, in the
abstract, have been accomplished by less intrusive means. State v. Fields, 168 Idaho 57, 65, 479
P.3d 450, 458 (Ct. App. 2020). “The question is not simply whether some other alternative was
available, but whether the police acted unreasonably in failing to recognize or to pursue it.” Sharpe,
470 U.S. at 686-87.
Sharrah relies on Reagan, 169 Idaho at 697, 502 P.3d at 1035, to support her assertion that
the officers’ use of handcuffs exceeded the bounds of a permissible detention and transformed her
detention into a de facto arrest. In Reagan, a citizen reported to police dispatch that a female
driver, operating a vehicle later found to be registered to Reagan, appeared intoxicated, and almost
drove into a ditch and oncoming traffic. Id. at 692, 502 P.3d at 1030. The citizen followed the
vehicle as it pulled into a driveway, which was identified as Reagan’s residence. Id. An officer
later arrived at the residence and found Reagan preparing dinner for her family. Id. at 697, 502
P.3d at 1035. Reagan voluntarily answered the officer’s questions and submitted to field sobriety
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tests (FSTs). Id. After failing the FSTs, the officer handcuffed Reagan, placed her in the backseat
of his vehicle, and informed her she was under arrest for suspected DUI. Id. at 692, 502 P.3d at
1030. The Court held that the officer’s act of handcuffing Reagan exceeded the bounds of what
was reasonably intrusive in conducting an investigative detention, converting the investigative
detention into an unlawful arrest. Id. at 697, 502 P.3d at 1035. The Court determined there was
no indication from the facts that Reagan posed a threat to officer safety and, up to the point that
she had been handcuffed, the officer had not witnessed Reagan commit any violation of the law.
Id. at 697-98, 502 P.3d at 1035-36. As a result, the Court concluded the breath test obtained after
Reagan’s arrest should have been excluded. Id. at 698, 502 P.3d at 1036.
Here, the officers’ use of handcuffs is distinguishable from the officer’s conduct in Reagan
in multiple ways: the events leading up to the encounters, the location of the encounters, and the
behavior of each defendant. When encountering Reagan, the officers had no reason to suspect she
posed a risk besides driving intoxicated. Conversely, the officers encountered Sharrah believing
she had just fled an automobile accident she had caused. The location between Reagan and this
case is vastly different. In Reagan, law enforcement discovered Reagan at home cooking for her
family. Here, law enforcement encountered Sharrah in a location where she could have fled again
because she was on a greenbelt, on foot, in the dark, and near the river. In Reagan, the defendant
complied with the officer’s questions and testing requests, and she was able to complete the FSTs.
Id. at 692, 502 P.3d at 1030. Here, Sharrah initially failed to follow an officer’s commands to stop
walking, and she did not cooperate with most of the officers’ questions or testing requests. Finally,
after Reagan failed the FSTs, the officer placed her in the back of his vehicle and told her she was
under arrest. Id. Whereas, here, an officer placed Sharrah in the back of the police vehicle due to
concerns about sprinklers and Sharrah’s physical instability and told her that she was not under
arrest. Thus, Sharrah’s case is distinguishable from Reagan.
Substantial and competent evidence supports the magistrate court’s conclusion that the
officers’ use of handcuffs was reasonable, and the district court did not err in affirming the
magistrate court.
5. The conduct of the suspect while the encounter unfolds.
The magistrate court found that Sharrah started the encounter by denying nearly all the
officers’ questions, including obvious facts, such as denying that her arm was bleeding despite the
on-body camera footage showing visible blood. As mentioned above, Sharrah vacillated between
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consenting to DUI testing and refusing to undergo a breath test or blood draw, which extended the
stop. Officers conducted a fifteen-minute observation period before a breath test, then played a
required DUI information recording, and only then could they issue a citation. Finally, the
magistrate court found that Sharrah’s non sequiturs, interruptions, and emotional reactions, among
other signs of impairment, were additional grounds for the officers to continue the DUI portion of
the investigation. Sharrah does not contest the district court’s holding, based on the magistrate
court’s findings, regarding her conduct during the encounter. Because substantial evidence
supports the magistrate court’s findings and legal conclusions, the district court did not err in
affirming that Sharrah’s conduct reasonably extended the duration of the stop.
Substantial and competent evidence supports the magistrate court’s finding that the
relevant factors weighed in favor of the State’s position that the police justifiably detained Sharrah,
including using handcuffs, as part of a necessary law enforcement investigation. Therefore, the
district court correctly affirmed the magistrate court’s decision denying Sharrah’s motion to
suppress.
IV.
CONCLUSION
Substantial and competent evidence supports the magistrate court’s finding that Sharrah
was not subject to an unlawful arrest. Sharrah has failed to show the district court erred in
affirming the magistrate court’s denial of her motion to suppress. Accordingly, the district court’s
decision, on intermediate appeal from the magistrate court denying Sharrah’s motion to suppress,
is affirmed.
Chief Judge TRIBE and Judge LORELLO, CONCUR.
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