State v. Beaupre

2004 MT 300, 102 P.3d 504, 323 Mont. 413, 2004 Mont. LEXIS 538
CourtMontana Supreme Court
DecidedOctober 26, 2004
Docket02-627
StatusPublished
Cited by10 cases

This text of 2004 MT 300 (State v. Beaupre) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Beaupre, 2004 MT 300, 102 P.3d 504, 323 Mont. 413, 2004 Mont. LEXIS 538 (Mo. 2004).

Opinions

JUSTICE RICE

delivered the Opinion of the Court.

¶1 Connie Beaupre (Beaupre) pled guilty to criminal possession of dangerous drugs and criminal possession of drug paraphernalia in the Fifth Judicial District, Jefferson County, reserving her right to appeal the District Court’s denial of her motion to suppress evidence, which she now challenges on appeal. We affirm.

¶2 We restate the issues on appeal as follows:

¶3 1. Did the substitute justice of the peace have authority to issue the search warrant?

¶4 2. Was the warrant supported by probable cause?

¶5 3. Did the District Court err in finding a valid consensual search?

¶6 4. If the search warrant was invalid, does the fruit of the poisonous tree doctrine require suppression of the evidence seized through the consensual search?

[415]*415FACTUAL AND PROCEDURAL BACKGROUND

¶7 In February 2002 Broadwater County Deputy Sheriff Pat Hamilton received a computer disk from an informant. The disk contained photographic images of suspected drugs, paraphernalia, and cooking components for methamphetamine taken at the residence of Beaupre and her husband, Shane Beaupre (Shane), on Lower Valley Road, in Boulder, Montana. The informant told Hamilton the pictures had been taken while informant was working on a crew hired to clean the Beaupres’ residence after a fire. The informant also told Hamilton that there were several empty cans of Coleman fuel, a potential precursor to methamphetamine, outside the Beaupre residence. Hamilton subsequently contacted Jefferson County Deputy Sheriff Bob Gleich and told Gleich about the informant’s report, including the photographs. Gleich did not speak with the informant because the informant had told Hamilton that she wished to be kept out of the proceedings.

¶8 Based on the images on the disk and the conversation with Hamilton about the informant’s report, Gleich applied for a search warrant on or about February 6, 2002, to search the Beaupres’ Lower Valley Road residence and a storage unit also owned by the Beaupres on 412 North Monroe in Boulder. Gleich testified that Justice of the Peace Dennis Giulio was unavailable and, further, that District Judge Loren Tucker was unavailable, so acting Justice of the Peace Debbie Rennie approved the warrant.

¶9 Gleich received the warrant about 4:00 p.m. and, with the assistance of agent Daniel J. Doyle of the Southwest Montana Drug Task Force, Montana Highway Patrol Officer Jay Hanson and other officers, served it at approximately 6:30 p.m. at the Beaupres’ Lower Valley Road residence. The officers found a marijuana pipe, a couple of brass finger scales, snort straws, glass jars with residue, a roach clip, and a small round mirror, but did not locate any of the items depicted in the photographic images provided by the informant. Gleich contacted Hamilton and asked him to inquire of the informant where those items might be located. Hamilton did so, and the informant stated that the items were possibly at the Beaupres’ rented residence on Second Avenue in Boulder. Hamilton relayed this information to Gleich. While one search team of officers went to the storage unit, Gleich, Doyle, Hanson, and Officer Nelson of the Jefferson County Sheriffs Office went to the Beaupres’ rented home on Second Avenue. From this point, the Beaupres’ and the officers’ stories differ.

¶10 Gleich testified that only he and Doyle approached the house and knocked on the door. He said that when Beaupre answered the door, [416]*416they asked if they could enter and she gave them permission. Once they were inside Beaupre woke up Shane, who was sleeping on the couch. Doyle explained to the Beaupres that they were there because they had a search warrant for the Beaupres’ storage unit and the Lower Valley residence based on information that the Beaupres were producing methamphetamine at that residence. The officers then asked for a key to the storage unit’s lock to avoid having to cut off the lock. Shane went out to his truck, followed by Gleich, to retrieve the key. Once Shane located the key, he turned it over to Gleich who radioed an officer from the storage unit search team to come and pick up the key.

¶11 Gleich further testified that Doyle asked the Beaupres if they had any of the items the officers were looking for. The Beaupres denied having any of the items and told Gleich and Doyle to search the residence if they wanted. Gleich then went back outside to his patrol car and retrieved a consent to search form. Because the pre-printed form was for a vehicle, Gleich wrote in “residence” in the space for car make and model. While walking back to the house, Gleich testified that he told Nelson, who was standing on the porch by this time, that they had been given permission to search and Gleich wanted Nelson to assist. Once he was back in the home, Gleich then read the document, line-by-line, to the Beaupres, gave the document to Shane, and Shane read and signed it.

¶12 Beaupre testified that the officers, once she let them inside, told her that they were there in anticipation of finding a meth lab, that they had already been to the Beaupres’ other residence and had found nothing, “and figured [the Beaupres] had moved it uptown .... They presented a search warrant and said if we [didn’t] sign it [the officers] were going to tear the place apart.” She testified that the warrant was not read out loud to either Shane or her. She also indicated that when the consent to search form was presented to her and Shane, the officers asked for a key to the storage unit and another officer entered the home with a large set of bolt cutters.

¶13 Shane testified that there were at least five or six officers in the house; that Gleich did not read the consent to search form to Shane; that Shane was told the consent form was for a vehicle; and that Shane had felt pressured and read only half of the consent form before he signed it. In addition, Shane testified that he was not prepared to face the officers’ requests because he had been in a deep sleep on the couch after working á fourteen-hour shift. Shane did testify, however, that the search of the Second Avenue house did not commence until after he signed the consent form.

[417]*417¶14 Doyle’s testimony was substantially similar to Gleich’s. He added that bolt cutters were never mentioned or brought into the home, that he had asked the Beaupres if it would be all right if other officers entered to help with the search, and that the Beaupres had consented. Doyle further testified that once Shane signed the consent form, Doyle searched the Beaupres’ bedroom and there located Beaupre’s purse. Inside the purse there were syringes and a half a gram of methamphetamine in an eyeglass repair kit. Additional syringes and a set of scales were also found in the bedroom.

¶15 On March 27, 2002, Beaupre was arraigned in the District Court on an amended information charging her with criminal possession of dangerous drugs, a felony, and criminal possession of drug paraphernalia, a misdemeanor. She filed a motion to suppress evidence, claiming the search warrant was void ah initio because acting Justice of the Peace Rennie was without lawful authority, the evidence seized was fruit of the poisonous tree, and there was no valid consent to the search of the Second Avenue residence. On July 17, 2002, the court ruled that there was probable cause to issue the search warrant and that the Beaupres had consented to the search of their rented home.

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State v. Beaupre
2004 MT 300 (Montana Supreme Court, 2004)

Cite This Page — Counsel Stack

Bluebook (online)
2004 MT 300, 102 P.3d 504, 323 Mont. 413, 2004 Mont. LEXIS 538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beaupre-mont-2004.