Hall v. Commonwealth

438 S.W.3d 387, 2014 WL 92262, 2014 Ky. App. LEXIS 6
CourtCourt of Appeals of Kentucky
DecidedJanuary 10, 2014
DocketNo. 2012-CA-001030-MR
StatusPublished
Cited by8 cases

This text of 438 S.W.3d 387 (Hall v. Commonwealth) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Commonwealth, 438 S.W.3d 387, 2014 WL 92262, 2014 Ky. App. LEXIS 6 (Ky. Ct. App. 2014).

Opinion

OPINION

COMBS, Judge:

Jamar Hall appeals the order of the Fayette Circuit Court denying his motion to suppress evidence. After reviewing the record and the pertinent law, we affirm in part and reverse in part and remand.

On September 28, 2011, a Louisville branch of the United States Postal Service (USPS) was conducting a routine search for suspicious packages. A box that had been sent from “Lamps Plus” in California [389]*389was flagged. The package appeared suspicious because both the sender and the named recipient were listed as “Farrington Moore.” A USPS inspector contacted Lamps Plus in order to verify that it is a legitimate business and that it regularly ships its goods through the USPS. The person contacted at Lamps Plus was unable to verify whether the package was or was not from the store; however, he gave the inspector permission to open the package.

The inspector, Agent Kyle Erhardt, opened the parcel and discovered several packages of marijuana which amounted to nearly twelve pounds. The package was addressed to Farrington Moore at 1186 Accord Drive in Lexington. Agent Er-hardt determined that 1186 Accord Drive is a legitimate address, but he was unable to locate any information concerning a person by the name of Farrington Moore. Agent Erhardt learned that a woman named Ronnae Henderson lived at the Accord Drive address.

Agent Erhardt contacted Lexington Police Department Detective Byron Smoot. Together, they resealed the box of marijuana and drove to 1186 Accord Drive. Both Agent Erhardt and Detective Smoot testified that they intended to conduct a “knock-and-talk” investigation. The address was located on one side of a duplex. Agent Erhardt and Detective Smoot knocked on the door repeatedly, but there was no answer. The occupants of the other side of the duplex responded. They are a couple who own the residence and who confirmed that Ronnae Henderson and her young child lived in the other side. They had never heard of a person by the name of Farrington Moore. However, they had received and held two other packages for Henderson — both of which had come from California and were addressed to someone other than Henderson.

One of the landlords then used his key to unlock Henderson’s door. He opened the door and yelled for her. Henderson then came to the door. Detective Smoot told her that he smelled marijuana and that, therefore, he was going to enter her house. He testified that Henderson led him to her bedroom where she opened a dresser drawer containing a baggie holding approximately 2.5 grams of marijuana.

Detective Smoot and Agent Erhardt then took Henderson into her kitchen where they questioned her. She initially denied having knowledge of the package, but she finally admitted that she agreed to receive the packages on behalf of Hall, the appellant. During the questioning, Hall showed up at the house. He denied knowledge of the package but admitted having picked up one in the past. Both Henderson and Hall were arrested and charged with trafficking marijuana, more than five pounds.

On December 29, 2011, Hall filed a motion to suppress the contents of the package as well as the statements that were made at Henderson’s residence. The trial court held a hearing on February 2, 2012. On March 1, 2012, the court entered its order which denied the motion. On May 11, 2012, Hall entered a conditional guilty plea to misdemeanor facilitation to trafficking under five pounds. He received a sentence of twelve-months’ incarceration, which was probated for two years. This appeal follows. Hall’s contention is that the motion should have been granted because the search of the box and the entry into Hall’s apartment were both illegal.

The Fourth Amendment of the United States Constitution and Section 10 of Kentucky’s Constitution provide protection against unreasonable searches and seizures. A basic tenet of Fourth Amendment analysis is that evidence obtained in [390]*390an illegal or unreasonable search is not admissible in court. Wilson v. Commonwealth, 37 S.W.3d 745, 748 (Ky.2001). See also Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (1961). The standard of review for a motion to suppress evidence is twofold. First, Kentucky Rule[s] of Criminal Procedure (RCr) 9.78 provides that, “If supported by substantial evidence^] the factual findings of the trial court shall be conclusive.” The trial court’s application of the law to the facts is reviewed de novo. Lynn v. Commonwealth, 257 S.W.3d 596, 598 (Ky.App.2008).

Hall contends that Agent Er-hardt impermissibly opened the package of marijuana because Lamps Plus did not have authority to consent to its search. A search conducted without a warrant is presumed to violate the Fourth Amendment of the United States Constitution unless it satisfies the criteria of certain exceptions. Cook v. Commonwealth, 826 S.W.2d 329, 331 (Ky.1992) (citing Coolidge v. New Hampshire, 403 U.S. 443, 91 S.Ct. 2022, 29 L.Ed.2d 564 (1971)). One of those exceptions is consent. Id. Consent is valid if the person giving it has “authority over or other sufficient relationship to” the effects that are being searched. Butler v. Commonwealth, 536 S.W.2d 139, 140 (Ky.1976) (quoting United States v. Matlock, 415 U.S. 164, 171, 94 S.Ct. 988, 993, 39 L.Ed.2d 242 (1974)). Authority can be either actual or apparent. Colbert v. Commonwealth, 43 S.W.3d 777, 784 (Ky.2001). A warrant-less search is lawful if the circumstances at the time of the search would “ “warrant a man of reasonable caution in the belief that the consenting party had authority[.]” Illinois v. Rodriguez, 497 U.S. 177, 188, 110 S.Ct. 2793, 2801, 111 L.Ed.2d 148 (1990) (quoting Terry v. Ohio, 392 U.S. 1, 21-22, 88 S.Ct. 1868, 1880, 20 L.Ed.2d 889 (1968)).

In the case of this package, we believe that it was reasonable for the postal employees to rely on the consent from Lamps Plus. Lamps Plus was indicated as the sender, and it is in the business of shipping goods through the mail. The postal workers exercised reasonable caution by contacting Lamps Plus to insure that it was a legitimate business located at the address shown on the package. Thus, the court did not err in denying the motion to suppress the contents of the package on the basis of the consent from Lamps Plus.

Hall’s next argument is that Agent Er-hardt and Detective Smoot impermissibly entered Henderson’s home. We agree.

Detective Smoot and Agent Er-hardt both testified that they went to Henderson’s home in order to conduct a knock and talk. “The knock and talk procedure involves law enforcement officers approaching a home for the purpose of obtaining information about a crime that has been committed, a pending investigation, or matters of public welfare.” Quintana v. Commonwealth,

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Bluebook (online)
438 S.W.3d 387, 2014 WL 92262, 2014 Ky. App. LEXIS 6, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-commonwealth-kyctapp-2014.