People v. Martin

806 P.2d 393, 14 Brief Times Rptr. 1296, 1990 Colo. App. LEXIS 298, 1990 WL 152242
CourtColorado Court of Appeals
DecidedOctober 11, 1990
DocketNo. 88CA1130
StatusPublished
Cited by1 cases

This text of 806 P.2d 393 (People v. Martin) is published on Counsel Stack Legal Research, covering Colorado Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Martin, 806 P.2d 393, 14 Brief Times Rptr. 1296, 1990 Colo. App. LEXIS 298, 1990 WL 152242 (Colo. Ct. App. 1990).

Opinion

Opinion by

Judge CRISWELL.

Defendant, Sherry Martin, appeals from the judgment of conviction entered upon a jury verdict finding her guilty of unlawful possession of a controlled substance. We affirm.

Defendant was injured as she was cleaning the second floor of a condominium when part of the balcony railing gave way. Individuals outside the condominium heard her cries for help and summoned emergency assistance. A police officer, deputy sheriff, and an ambulance with two paramedics responded to the call.

As the paramedics prepared to transport the defendant to the hospital, she expressed some concern for her personal belongings which consisted of a parka and some boots. The deputy sheriff assured defendant that the items would be taken to the hospital.

After the ambulance left, the police officer and deputy sheriff returned to the condominium to secure it and to retrieve some medical equipment that had been left behind. They noticed that twenty-one dollars had been left on a counter, with an accompanying note that it was for the cleaning person, and decided to put it in defendant’s coat pocket.

Before doing so, however, the police officer, who was holding the jacket, lifted the flap of the pocket and looked inside. According to him, he did so to make sure that there were no dangerous objects that could injure his hand. In doing so, he saw a piece of folded paper, commonly known as a bindle, inside the pocket. Believing that the bindle might contain cocaine, the officer removed it and took it to the hospital where it was subsequently opened. As suspected, the bindle did contain cocaine, and defendant was arrested upon her release from the hospital.

I.

In challenging her conviction on the grounds that the trial court erred in refusing to suppress the bindle and its contents, defendant first argues that the officer’s search of the pocket was unlawful. We disagree.

Unless it falls within one of the recognized exceptions, a warrantless search is presumptively invalid under the Fourth Amendment and Colo.Const., art. II, § 7. People v. Dandrea, 736 P.2d 1211 (Colo.1987). Further, even if a warrantless search is within the scope of a given exception, the search must meet the ultimate requirement of reasonableness. People v. Boff, 766 P.2d 646 (Colo.1988).

Whether a search is reasonable must be determined by balancing the need for the particular search against the invasion of personal rights involved, with consideration given to the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it was conducted. People v. Blehm, 44 Colo.App. 472, 623 P.2d 411 (1980).

One exception to the warrant requirement is present when the search is undertaken in the face of an emergency. See People v. Amato, 193 Colo. 57, 562 P.2d 422 (1977). But, to support a warrantless search in such circumstances, there must be a showing of an immediate crisis inside private premises and the probability that police assistance will be helpful in alleviating that crisis. People v. Malczewski, 744 P.2d 62 (Colo.1987).

Both parties acknowledge that, here, the police officer had, at least initially, the legal right to be present in the condominium in response to the emergency call. See People v. Amato, supra. Further, the People concede that a search occurred when the police officer opened and looked into the pocket.

Defendant contends, however, that any emergency ceased to exist when the ambulance departed for the hospital. She further argues that the police officer had no legitimate need to place the money in her pocket because it was obvious that she had not finished her cleaning and, therefore, [395]*395was not entitled to the money, and because the money would have been safe in the condominium after the unit had been secured.

Whether a search is reasonable for Fourth Amendment purposes depends upon the facts and circumstances of each case. People v. Savage, 630 P.2d 1070 (Colo.1981). If the determination of reasonableness depends upon the purpose and motivation of the investigator, an appellate court must defer to the credibility resolutions of the trial court. See People v. Burns, 197 Colo. 284, 593 P.2d 351 (1979) (existence of exigent circumstances); People v. Eakins, 196 Colo. 517, 587 P.2d 790 (1978) (same).

Here, under the factual circumstances disclosed by the evidence presented to the trial court, we conclude that that court’s determination has support in the evidence and that the search was not, as a matter of law, unreasonable.

First, to hold as defendant urges, that the officer’s presence in the condominium was no longer justified under the emergency doctrine after the ambulance left for the hospital, would be to adopt an unnecessarily restrictive application of the exception. It would effectively bar emergency personnel from completing follow-up procedures required by the emergency. Thus, we decline to overrule the trial court’s conclusion that the officer’s later presence was authorized.

Likewise, the officer’s decision to place the money in defendant’s pocket cannot, as a matter of law, be deemed unreasonable. In light of the assurances given to defendant that her personal belongings would be taken to the hospital, and considering the fact that the money was accompanied by a note indicating that it belonged to defendant, we cannot fault the trial court for finding that it was reasonable for the officer to place the bills in defendant’s coat. That the officer may have had other safekeeping alternatives available until the money could be delivered to defendant does not necessarily render his actions here unreasonable. See People v. Malczewski, supra; People v. Thompson, 770 P.2d 1282 (Colo.1989) (warrantless search in face of emergency must be evaluated as prudent and trained police officer would view circumstances at the time decision to search is made).

Finally, the officer testified that his search was prompted by the training he had received that an officer should never place his hand blindly into an area lest there be a dangerous object, such as a hypodermic needle, which could cause him injury. He also testified that he noticed something heavy in the pocket, which later was determined to be defendant’s keys. Consequently, we cannot say that the trial court committed error in crediting this testimony and in also finding that this action was reasonable.

II.

Defendant next contends that, even if the search of the pocket was lawful, the officer’s subsequent seizure of the bindle was in violation of the warrant requirement. Again, we disagree.

Items of contraband within the plain view of the police may be seized without a warrant. See People v. Unruh,

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Bluebook (online)
806 P.2d 393, 14 Brief Times Rptr. 1296, 1990 Colo. App. LEXIS 298, 1990 WL 152242, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-martin-coloctapp-1990.