Arrow-right Camera
The Spokesman-Review Newspaper
Spokane, Washington  Est. May 19, 1883

Citizen’s Arrest In Drug Case Was Proper, Appellate Court Says

Compiled From Wire Services

The search of a woman’s purse in Priest River, Idaho, which turned up marijuana was justified since her opponent in a bar fight made a proper citizen’s arrest, the Idaho Court of Appeals has ruled.

It overturned a district court ruling that Bertha Fay Sutherland was unlawfully arrested.

On Nov. 22, 1995, police responded to a bar fight involving Sutherland and Shelley Gomaa. Sutherland was informed Gomaa intended to make a citizen’s arrest. Gomaa told police she thought Sutherland had a weapon in her purse. At the station, Gomaa signed an arrest form and officers found two bags in the purse containing marijuana.

Sutherland was arrested for misdemeanor battery and felony possession of a controlled substance. She filed a motion to suppress the evidence, saying the warrantless arrest was unlawful and searching her purse lacked probable cause.

The district court agreed, saying battery is a misdemeanor that must be committed in the presence of police and Gomaa did not make a proper citizen’s arrest.

The appellate court said police reports indicated Sutherland was highly intoxicated and making the citizen’s arrest at the station was prudent. Searching the purse was a proper action after the arrest.