State v. Boyles

2015 UT App 185, 356 P.3d 687, 792 Utah Adv. Rep. 9, 2015 Utah App. LEXIS 194, 2015 WL 4572859
CourtCourt of Appeals of Utah
DecidedJuly 30, 2015
Docket20130578-CA
StatusPublished
Cited by3 cases

This text of 2015 UT App 185 (State v. Boyles) is published on Counsel Stack Legal Research, covering Court of Appeals of Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Boyles, 2015 UT App 185, 356 P.3d 687, 792 Utah Adv. Rep. 9, 2015 Utah App. LEXIS 194, 2015 WL 4572859 (Utah Ct. App. 2015).

Opinion

Opinion

PEARCE, Judge:

T1 This case considers whether police officers executing a search warrant for a single-level, three-bedroom house needed to obtain a new warrant after they encountered a locked interior door sporting a no-trespassing sign. We conclude that the trial court did not err by determining that the locked door and sign were insufficient to provide a reasonable officer notice that the bedroom behind the door was a separate residence. 1 We therefore affirm the trial court's denial of the defendant's motion to suppress the evi-denee found in that bedroom.

BACKGROUND

1 2 A confidential informant told the police that he had purchased methamphetamine from James Fitts on multiple occasions. According to the informant, he had purchased the drugs at Fitts's residence and Fitts stored his merchandise in his bedroom.

13 Under police direction, the informant then made two controlled purchases of drugs from Fitts, The informant first went to the house and bought methamphetamine from Fitts using marked money. After this purchase, the informant reported that three people lived in the house: James Fitts, Evan D. Boyles, and K.Z. The second controlled purchase also took place at the house. The informant noted that Boyles had been "present at the location" during the second transaction.

T4 The police sought a search warrant. The affidavit supporting the warrant request recounted the facts the informant provided. The affidavit also detailed Fitts's and Boyles's criminal histories. The affidavit noted that Boyles resided at the house, that he had "an extensive history of Possession of Illegal Narcotics," and that four of Boyles's nine prior convictions had involved drugs. 2 The police requested a search warrant to seize methamphetamine and drug paraphernalia from James Fitts, the house, and the house's curtilage. Specifically, the affidavit described the property to be searched as including "all outbuildings, garages, sheds, vehicles, trailers, boats, locked containers, and other property contained within the property lines (curtilage)" Citing officer safety and the possibility of evidence being destroyed, the affidavit asked "that the police officers executing the search warrant not be required to give notice of authority (no-knock) and be able to execute the search warrant day or night." A district court judge reviewed the affidavit and issued a warrant to search Fitts and the house.

T5 Police officers executed the warrant on July 12, 2011. When the officers arrived, Boyles and his girlfriend were in the backyard. Boyles and Fitts were detained while the officers searched the house. While the officers did not know the "entire layout of the home" when they entered, one officer later *690 testified that he "had an idea" which room was Fitts's.

T6 While searching the house, the officers encountered a locked door with a no-trespassing sign hanging on it. Officers broke down the door and discovered a bedroom containing drug paraphernalia. When asked, Boyles admitted that the locked bedroom was his, The officers also found heroin in another room, later identified as Fitts's bedroom. 3

7 The State charged Boyles with possession of drug paraphernalia. Boyles elected to represent himself at the pretrial proceedings and at trial. Boyles filed a motion to suppress the evidence discovered in his bedroom. After a hearing on the motion, the trial court found that the officers had acted in good faith in obtaining the warrant and that the warrant allowed the officers to search the entire property. The trial court further found (1) that Boyles "maintain{ed] a separate, locked bedroom within the home"; (2) that although "the officers had reason to believe there were multiple people living in the home, there is no evidence that the police officers knew that [Boyles] maintained exclusive control over a particular bedroom"; and (8) that there "was no indication that the bedroom was intended to be a separately occupied portion of the home like an apartment." The court concluded that the "scope of the search warrant reasonably included [Boyles's] room" and therefore denied the motion to suppress, A jury convicted Boyles of possession of drug paraphernalia, a class A misdemeanor. Boyles appeals. 4

ISSUE AND STANDARD OF REVIEW

T8 Boyles contends that the trial court erred by denying his motion to suppress. He argues that the officers lacked probable cause to search his bedroom and that the warrant failed to properly describe the place to be searched. In an appeal from the denial of a motion to suppress evidence, we review the trial court's factual findings for clear error and its conclusions of law for correctness. State v. Rogers, 2014 UT App 89, ¶ 4, 325 P.8d 884.

ANALYSIS

[9 The Fourth Amendment to the United States Constitution protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." "[The touchstone of [Fourth] Amendment analysis has been the question whether a person has a constitutionally protected reasonable expectation of privacy." Oliver v. United States, 466 U.S. 170, 177, 104 S.Ct. 1735, 80 LEd.2d 214 (1984) (citation and internal quotation marks omitted). We assume, without deciding, that Boyles had a reasonable expectation of privacy with respect to his bedroom independent of that which he enjoyed as to the house as a whole.

110 Police officers generally need a warrant to search a place in which a person has a reasonable expectation of privacy. See Franks v. Delaware, 438 U.S. 154, 164, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978) ("The bulwark of Fourth Amendment protection, of course, is the Warrant Clause, requiring that, absent certain exceptions, police obtain a warrant from a neutral and disinterested magistrate. before embarking upon a search."). Before issuing a search warrant, a magistrate must determine that probable cause exists to conduct the search, id.; often, this determination is based upon an affidavit filed by the investigating officer. "[A] warrant affidavit must set forth particular facts *691 and circumstances underlying the existence of probable cause, so as to allow the magistrate to make an independent evaluation of the matter." Id. at 165, 98 S.Ct. 2674.

I. Validity of the Search Warrant

$11 Boyles contends that the affidavit in his case "misrepresented the true nature of the living arrangement" and was therefore invalid. He argues that "[this deprived the magistrate of the ability to accurately assess probable cause for the entire structure, since he did not know that Mr. Boyles had a separately accessed and rented space." 5 He asserts that, "[hlad the court known that fact, it would have granted the search warrant, but excepted Mr. Boyles room from the search." ~

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Cite This Page — Counsel Stack

Bluebook (online)
2015 UT App 185, 356 P.3d 687, 792 Utah Adv. Rep. 9, 2015 Utah App. LEXIS 194, 2015 WL 4572859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boyles-utahctapp-2015.