The Idaho Court of Appeals held that the district court in Kootenai County decided correctly when it ruled against a Hayden man who wanted evidence against him in a marijuana trafficking case kept out of court.

Kurt A. Smith, 39, appealed his conviction for trafficking in marijuana in excess of one pound, saying an officer violated his Fourth Amendment right against unreasonable searches and seizures because the officer didn't have a warrant to search his backpack.

The appeals court on Wednesday found that when the officer spotted a marijuana pipe on Smith's car seat, that made appropriate a search of the vehicle's contents, including the backpack.

A phone number for Smith's defense lawyer, Larry Purviance of Hayden, was disconnected and he could not be reached for comment.

Smith's case started in July 2009, when a police officer responding to a domestic dispute learned that the suspect in the domestic incident had fled on foot into a sparsely populated, wooded area near Blue Creek Bay, just east of Coeur d'Alene.

While searching for the suspect, the officer came upon Smith and his 1988 Ford Tempo parked in a large pull-out area at the end of a road.

The officer flashed a spotlight toward the car, and Smith exited and walked toward the officer's patrol car.

The officer determined Smith didn't match the identification of the domestic dispute suspect, but still asked for Smith's identification.

Smith went to his car to get it and the officer followed him there. The officer looked into the vehicle and saw a marijuana pipe sitting on the car seat.

The officer asked how much marijuana was in the car. Smith grabbed the pipe and stated there was no marijuana.

The officer told Smith to remove his dog, a German shepherd, which was growling and barking at the officer, from the vehicle so he could search it.

With no leash or rope, Smith used the straps of a backpack to restrain the dog.

The officer found a small amount of marijuana in a tin.

The officer told Smith to put the dog back in the vehicle, which Smith did, but he continued to hold the backpack.

The officer then asked Smith to hand over the backpack, which was partially open. Inside, the officer found more marijuana.

A jury found Smith guilty of trafficking in marijuana and possession of drug paraphernalia in July 2010.

The appeals court in its written opinion said that although Smith was not formally arrested prior to the search of the backpack, that wouldn't prevent a search.

The officer saw drug paraphernalia associated with the use of marijuana in plain sight.

At the motion to suppress hearing in 1st District Court in Coeur d'Alene, the officer stated that, in his experience, when he finds a marijuana pipe there are often drugs as well.

In addition, the officer testified that his suspicions were aroused by Smith's statement that the pipe was the only illegal thing in the car.

Smith's actions in using the backpack to leash his dog and continuing to hug it after the dog was placed into the car, and Smith's failure to answer the officer's direct questions concerning the backpack provided the officer with a reasonable belief that the backpack contained evidence, the appeals court said.

It said these facts would lead a reasonable person to believe that contraband might be found in Smith's car. Therefore, the court held the officer had probable cause to search Smith's car, and the contents, which included the backpack.