Melton v. State

705 N.E.2d 564, 1999 Ind. App. LEXIS 157, 1999 WL 69639
CourtIndiana Court of Appeals
DecidedFebruary 16, 1999
Docket16A04-9809-CR-446
StatusPublished
Cited by33 cases

This text of 705 N.E.2d 564 (Melton v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Melton v. State, 705 N.E.2d 564, 1999 Ind. App. LEXIS 157, 1999 WL 69639 (Ind. Ct. App. 1999).

Opinions

OPINION

GARRARD, Judge

Case Summary

Kathy Melton was charged with possession of marijuana, possession of cocaine, and dealing in marijuana after a police search of her home uncovered marijuana and crack cocaine. Melton filed a motion to suppress the evidence on grounds that the search was unconstitutional. The trial court denied Melton’s motion and she filed an interlocutory appeal. We affirm the trial court’s decision.

Issues

I. Whether the trial court erred in denying Melton’s motion to suppress evidence where the State conducted a search of Melton’s home, with her consent, but did not inform Melton of her right to counsel.
II. Whether Melton voluntarily consented to the search of her home and, if so,
III. Whether the scope of Melton’s consent extended to the entire search conducted.

[566]*566Facts and Procedural History

Officer Terry Nickell and Officer Pete Tressler went to Kathy Melton’s home after receiving an anonymous tip that Melton and her husband had drugs there. When they arrived, Melton answered the door and allowed the officers to enter. After speaking with Melton for a moment, while she was sitting at her kitchen table, the officers asked her if they could search the home. Melton stood up from the table and responded “where do you want to begin?” Record at 55. The officers then searched Melton’s son’s bedroom and her bedroom, eventually finding marijuana in Melton’s bedroom. They later searched her purse and found cocaine. Melton was charged with dealing in marijuana, a class C felony, possession of marijuana, a class D felony, and possession of cocaine, a class D felony. Melton filed a motion to suppress with the trial court, which it denied. Additional facts will be presented as necessary.

Discussion and Decision

Melton contends that the trial court’s decision to deny her motion to suppress is in error and violates both the Fourth Amendment to the U.S. Constitution and Article I, Section 11 of the Indiana Constitution. Both of these provisions provide “the right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures.” U.S. Const. amend. IV; Ind. Const., art. I, § 11. We initially note our standard of review when reviewing a trial court’s ruling on the validity of a search and seizure: we consider the evidence most favorable to the ruling and any uncontradicted evidence to the contrary to determine whether there is sufficient evidence to support the ruling. Haley v. State, 696 N.E.2d 98, 101 (Ind.Ct.App.1998), trans. denied. If the evidence is conflicting, we consider only the evidence favorable to the ruling and will affirm if the ruling is supported by substantial evidence of probative value. Id.

Generally, a search warrant is a prerequisite to a constitutionally proper search and seizure. In cases involving a warrantless search, the State bears the burden of proving an exception to the warrant requirement. State v. Farber, 677 N.E.2d 1111, 1116 (Ind.Ct.App.1997), trans. denied. A valid consent to search is an exception to the warrant requirement. Id. The theory underlying this exception is that, when an individual gives the State permission to search either his person or property, the governmental intrusion is presumably reasonable. See Jones v. State, 655 N.E.2d 49, 54 (Ind.1995).

I. Advisement of Right to Counsel

Melton first contends that she should have been advised of her right to counsel before consenting to a search. Our supreme court has stated that a person in custody must be informed of the right to consult with counsel about the possibility of consenting to a search before a valid consent to a search can be given. Id.; Sims v. State, 274 Ind. 495, 413 N.E.2d 556 (Ind.1980). Because Melton claims that she was entitled to receive a warning about consultation with counsel before consenting to a search, we must first determine whether her right to receive the warning had attached. This right can only be said to have attached if Melton was in custody when she consented to the search.

Neither federal nor Indiana constitutional jurisprudence has developed a “bright line” test for determining when someone has been subjected to a custodial interrogation. The rule for this determination asks whether a reasonable person in the same circumstances would believe that she is under arrest or not free “to resist the entreaties of the police.” Jones, 655 N.E.2d at 55 (quoting Florida v. Bostick, 501 U.S. 429, 433-34, 111 S.Ct. 2382, 2386, 115 L.Ed.2d 389 (1991)). For example, in Pirtle v. State, 263 Ind. 16, 323 N.E.2d 634 (1975), our supreme court held that the defendant was in custody when asked for consent to search his home where the defendant was in jail and had been detained for more than twelve hours. Pirtle, 323 N.E.2d at 637. Generally, in cases where courts have held that a defendant was in custody implicating Miranda requirements, the facts have demonstrated “a degree associated with formal arrest.” Bishop [567]*567v. State, 700 N.E.2d 473, 476 (Ind.Ct.App.1998).

Here, Melton allowed the police officers to enter her home. She then led them into the kitchen where they questioned her. When asked whether they could search her home, Melton asked the officers “where [they] wanted to start” and led them around the house. Record at 25. The officers informed her several times that she was not under arrest and Melton did not ask the officers to leave. Although Melton testified that she felt intimidated, her subjective belief is not controlling, as we employ an objective standard. The facts do not demonstrate that Melton was in police custody during the investigation and search. Therefore, it was not necessary for the officers to advise Melton of a right to consult with counsel before obtaining a valid consent to search.

II. Validity of Consent to Search

Next, Melton contends that her consent to search was not valid. A valid consent to search is an exception to the warrant requirement unless it is procured by fraud, duress, fear, or intimidation, or where it is “merely a submission to the supremacy of the law.” Farber, 677 N.E.2d at 1116. In determining whether consent was valid, we must consider the totality of the circumstances. Weaver v. State, 556 N.E.2d 1386, 1389 (Ind.Ct.App.1990), trans. denied. The record discloses that the police received an anonymous tip that Melton and her husband had a large quantity of marijuana and crack cocaine in their home. Believing that they lacked probable cause to obtain a search warrant, the police went to Melton’s home to question her.

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Bluebook (online)
705 N.E.2d 564, 1999 Ind. App. LEXIS 157, 1999 WL 69639, Counsel Stack Legal Research, https://law.counselstack.com/opinion/melton-v-state-indctapp-1999.