State v. Benjamin J. Dahl

400 P.3d 629, 162 Idaho 541, 2017 WL 2687723, 2017 Ida. App. LEXIS 41
CourtIdaho Court of Appeals
DecidedJune 22, 2017
DocketDocket 44003 & 44004
StatusPublished
Cited by1 cases

This text of 400 P.3d 629 (State v. Benjamin J. Dahl) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Benjamin J. Dahl, 400 P.3d 629, 162 Idaho 541, 2017 WL 2687723, 2017 Ida. App. LEXIS 41 (Idaho Ct. App. 2017).

Opinion

WALTERS, Judge Pro Tem

Benjamin J. Dahl appeals from his judgments of conviction entered upon his conditional guilty pleas, to one count of possession of methamphetamine with intent to deliver, Idaho Code § 37-2732(a)(1)(A), and one count of possession of a controlled substance, heroin, I.C. § 37-2732(c)(1). Dahl argues the district court erred in denying his motion to suppress. Because the police officers had consent to search Dahl’s bedroom, we uphold the district court’s denial of the motion to suppress and affirm the judgments of conviction.

I.

FACTUAL AND PROCEDURAL BACKGROUND

Two officers arrived at a home to serve a felony arrest warrant upon an individual. The subject of the arrest warrant did not live at the home, but the officers’ last contact with the subject was at this residence. An eight-year-old girl answered the door, and the officers asked the child if the subject of the arrest warrant was present. The child responded: “Who?” One officer then asked if Dahl was home and the child responded: “I don’t know.” The officer asked: “Can you go look for me?” The child closed the door and came back approximately two minutes later and said: “I think he is still sleeping.” The following conversation took place:

Officer: Okay, is your parents up? [inaudible]
Officer: Okay, can you open the door for officer safety reasons?
Child: Yeah.
Officer: We just need to talk to one adult. Can you go get one of your parents for me, please?
Child: Yeah.
Officer: May I come in?
*544 Child: Yeah.
Officer: Ok.

One officer entered the home with the permission of the child while the second officer remained outside. The officer stood in the entryway of the home while the child went to get one of her parents or Dahl. Approximately two minutes after the officer entered the residence, Dahl’s mother came to speak with the officer. The officer asked if the subject of the arrest warrant was in the home. The mother responded: “No, he doesn’t come by very often.” The officer informed the mother that they had a felony arrest warrant for the subject and the officer stated:

If he is found here in this home, then people could be arrested for felony harboring. And I know that you don’t want that, but, I just want to make sure that he is not here. So if [inaudible] is not here, he was here with your son, [Dahl], Do you mind if we go up there and at least clear to make sure that he is not here?

The district court found the mother consented to the officer’s request.

The mother and the officer walked up the stairs to Dahl’s bedroom. The mother knocked on the door and said: “[Dahl], the police would like to see your room, please.” Dahl opened his bedroom door and the following conversation took place:

Officer: Hey [Dahl], how are you?
Dahl: Good, how about you?
Officer: I’m not too bad. Hey man, I’m here for [the subject of the arrest warrant]. Where is he at?
Dahl: [He] is not here.
Officer: Okay, do you mind if I look? [inaudible]
Officer: Appreciate it. Who else is in here with you?
Dahl: Just my boy.
Officer: Where did you see [the subject of the arrest warrant] last?
Dahl: Um, yesterday in a [band or van].
Officer: In a [band or van]?
Dahl: Yes, sir.
Officer: Can I move past you real quick. I just want to check that real fast, [inaudible]
Officer: What have you got in there? [Dahl] can you do me a favor and come out here real quick? I’ve got some questions for you, man.

The officer testified that Dahl motioned for the officer to walk into the bedroom. The district court found that while searching for the subject of the arrest warrant, the officer observed in plain view a glass pipe and a white crystal substance that was neatly divided into rows laying on a large glass mirror along with multiple bundles of U.S. currency. The officer then asked Dahl to speak to him in the hallway and the officer informed Dahl of his Miranda 1 rights. The officer told Dahl: “the issue is that you allowed me into your room. I went into your closet back there and I found paraphernalia, which I recognized to be used for methamphetamines.” The officer arrested Dahl.

The State charged Dahl with possession of a controlled substance, methamphetamine, with intent to deliver, I.G. § 37-2732(a)(1)(A), and one count of possession for each of the following controlled substances: heroin, hy-drocodone, and oxycodone, I.C. § 37-2732(c)(1). Dahl filed a motion to suppress, arguing the officer violated his rights under the Fourth Amendment of the United States Constitution and Article 1, § 17 of the Idaho Constitution when the officer seized evidence without a search warrant. Dahl argued the evidence must be suppressed because the State cannot meet its burden to show that consent by a minor to enter the home was valid and there were no exigent circumstances to justify a warrantless entry into the home. The district court held a hearing on the motion to suppress. Dahl argued:

You’ll hear in the audio that it’s not clear whether or not Mr. Dahl gave the officers consent when they entered his bedroom. I only point this out if it becomes relevant. I don’t think it’s relevant because I think the entry into the home was unlawful, and so all of this should be suppressed. But I think it’s important to know that because the search of his room could be suppressed *545 on the grounds that there was no consent for him to get into the bedroom.

The State responded:

Judge, it’s difficult for me to respond to a lot of what the defense says I think for two reasons. Number one, when I’m reading their brief, I understand it to be a very simple issue. And that’s why when I rephrased my issue in this case I essentially don’t respond to whether this young girl had the authority to consent because the way I analyze it is even if we assume she didn’t, we still have the issue of is there a nexus. My argument being there’s no nexus here.
I didn’t really deal with whether the homeowner had given consent or the defendant had given consent because that wasn’t something that was argued in the defense brief. It was simply that this young girl couldn’t have consented. So I sort of just stepped over that issue without necessarily conceding it because I really didn’t think it was relevant in looking at the facts in relation to the cases that I cited.

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Bluebook (online)
400 P.3d 629, 162 Idaho 541, 2017 WL 2687723, 2017 Ida. App. LEXIS 41, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-benjamin-j-dahl-idahoctapp-2017.