State v. Cox

352 P.3d 580, 51 Kan. App. 2d 596, 2015 WL 1785576, 2015 Kan. App. Unpub. LEXIS 270
CourtCourt of Appeals of Kansas
DecidedApril 10, 2015
DocketNo. 112,387
StatusPublished
Cited by4 cases

This text of 352 P.3d 580 (State v. Cox) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cox, 352 P.3d 580, 51 Kan. App. 2d 596, 2015 WL 1785576, 2015 Kan. App. Unpub. LEXIS 270 (kanctapp 2015).

Opinions

Malone, C.J.:

The State appeals the district court’s decision granting Jessica V. Cox’s motion to suppress evidence. Prior to trial, Cox moved to suppress all evidence stemming from a law enforcement officer’s search of her bag found in her friend’s car. First, the State challenges Cox’s standing to contest the search. Second, the State argues that the officer had implied consent to search the bag based on the totality of the circumstances. Finally, the State argues that the district court erred in applying the exclusionary rule because the officer acted in good faith in searching Cox’s bag. For the reasons stated herein, we affirm the district court’s decision to suppress the evidence.

On December 12, 2013, Trooper Matt Peil of the Kansas Highway Patrol stopped Rhonda Simmons’ car because the Hutchinson Police Department wanted to question her in connection with an identity theft. Although Simmons claimed to lack identification, Peil noticed that several bags, including two purses, were lying in the back of her car. When Peil asked about the purses, Simmons indicated that they belonged to her friend Cox, who had been in her car earlier that day. Simmons explained that she had given Cox a ride to the Hutchinson community corrections office, where Cox had an appointment.

After learning that the purses belonged to Cox, he removed them from Simmons’ vehicle and carried them back to his car. Then, in order to verify Simmons’ story, Peil called Cox at the community corrections office. Cox confirmed to Peil that she had indeed left her bags in Simmons’ car, and she accurately described the two purses in question. She also informed Peil that she had left a paper shopping bag from the clothing store, The Buckle, in the back of Simmons’ car and that the bag contained a wood sander.

When Peil approached the car to retrieve this bag, he discovered multiple Buckle-branded shopping bags in the back of the vehicle. He asked Simmons to identify Cox’s bag in particular, which she did. Peil then removed the bag from the car and opened it to confirm that it contained the wood sander. When Peil opened the [598]*598bag, he discovered a methamphetamine pipe. Based on this discovery, Peil contacted community corrections for permission to search Cox’s other bags and discovered methamphetamine and paraphernalia in a purse along with Cox’s identification. When Peil arrived at community corrections to arrest Cox, he discovered more methamphetamine on her person. In his later testimony, Peil acknowledged that Cox never gave him consent to open her bag. He further acknowledged that Cox never granted him permission to search for the wood sander but instead simply mentioned that it would be at the bottom of her Buckle bag.

The State charged Cox with one count of possession of methamphetamine with intent to sell, one count of possession of drug paraphernalia with intent to distribute a controlled substance, and one count of possession of methamphetamine without tax stamps affixed. Prior to trial, Cox filed a motion to suppress the evidence discovered in her bags and on her person. Cox argued that she had a legitimate expectation of privacy in her bags despite their presence in Simmons’ car and that Peil illegally searched them.

At tire suppression hearing, Peil testified about the circumstances surrounding his stop of Simmons’ vehicle and his search of Cox’s bags. The State argued that Cox implicitly consented to the search based on the circumstances. The State also argued that Cox lacked standing to challenge the search because she was not in Simmons’ car at the time of the search and she never testified at the hearing to demonstrate any sort of interest in the bags. In contrast, Cox argued that she maintained a privacy interest in her purses and Buckle bag regardless of their location and that she never consented to any search.

After hearing the evidence and the arguments, the district court suppressed all the evidence stemming from Peil’s search of tire Buckle bag. The district court first expressed concern with Peil’s methodology, including his initial decision to remove Cox’s bags from Simmons’ vehicle. The district court then determined that Cox had standing because Peil established Cox’s ownership of the bags after removing them from Simmons’ vehicle. The district court further determined that once Simmons specifically identified the Buckle bag that belonged to Cox, Peil lacked any grounds to [599]*599search through the bag. The district court suppressed all the evidence stemming from the search of the Buckle bag as fruit of the initial illegal search. The State timely filed this interlocutory appeal.

On appeal, the State claims the district court erred in suppressing the evidence. The State renews its arguments that Cox lacked standing to challenge the search and that Cox implicitly consented to the search based on the circumstances. The State also argues for the first time on appeal that the district court erred in applying the exclusionary rule because Peil acted in good faith in searching Cox’s bag.

In reviewing the granting or denial of a motion to suppress evidence, the court determines whether the factual findings underlying the district court’s suppression decision are supported by substantial competent evidence. In making this determination, appellate courts do not reweigh the evidence or reassess the credibility of witnesses. The ultimate legal conclusion drawn from those factual findings are reviewed under a de novo standard. State v. Reiss, 299 Kan. 291, 296, 326 P.3d 367 (2014).

Standing

Initially, the State challenges Cox’s standing to contest the search. Because “[a]n illegal search can only violate the rights of those who have a legitimate expectation of privacy in the invaded place,” the test to determine standing hinges on whether the individual “had an expectation of privacy in the area searched.” State v. Worrell, 233 Kan. 968, Syl. ¶ 1, 666 P.2d 703 (1983). A person who lacks “an ownership or possessoiy interest in the property searched has little legitimate expectation of privacy in that property.” State v. Wickliffe, 16 Kan. App. 2d 424, 429, 826 P.2d 522 (1992).

When considering an individual’s standing to challenge the war-rantless search of a container which is being transported from place to place, it is important to note that “[t]he owner of such a container cannot be said to have lost standing merely because he is not openly exercising direct control of it at the time of the search.” 6 LaFave Search & Seizure § 11.3(f) (5th ed. 2014). In fact, the owner of a container continues to have standing “after he has . . . [600]*600put it into the hands of another person” regardless of whether the officer knows the identity of the owner. 6 LaFave Search & Seizure § 11.3(f) (5th ed. 2014). Only if tire owner abandons the container or “leaves it in circumstances manifesting no justified expectation of privacy” will the owner lack standing to challenge a search of that container. 6 LaFave Search & Seizure § 11.3(f) (5th ed. 2014).

Under these standards, Cox clearly has standing to challenge the search of the Buckle shopping bag. Cox and Simmons both confirmed that Cox knowingly left her bags in Simmons’ car.

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Cite This Page — Counsel Stack

Bluebook (online)
352 P.3d 580, 51 Kan. App. 2d 596, 2015 WL 1785576, 2015 Kan. App. Unpub. LEXIS 270, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cox-kanctapp-2015.