State v. Keenan

325 P.3d 1192, 50 Kan. App. 2d 358, 2014 WL 2434625, 2014 Kan. App. LEXIS 36
CourtCourt of Appeals of Kansas
DecidedMay 30, 2014
DocketNo. 108,550
StatusPublished
Cited by5 cases

This text of 325 P.3d 1192 (State v. Keenan) 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. Keenan, 325 P.3d 1192, 50 Kan. App. 2d 358, 2014 WL 2434625, 2014 Kan. App. LEXIS 36 (kanctapp 2014).

Opinion

Schroeder, J.:

Gregoiy Vincent Keenan appeals the denial of his motion to suppress the evidence obtained when officers entered his house without a search warrant. We conclude the officers had [359]*359probable cause plus exigent circumstances while investigating the possible violation of a protection from abuse order (PFA) and the crime of driving under the influence of alcohol (DUI) to enter Keenans house after the investigation had been initiated on the driveway of the house. Finding no error, we affirm.

December 23, 2010

Around 11 p.m. on December 23, 2010, Keenan arrived at Julie Hynes’ house in Parkville, Missouri, to pick up his son. Hynes, the child’s grandmother, testified Keenan was “stumbling around, talking a little bizarre,” swaying, and smelled of alcohol.

Keenan then picked up his sleeping child and took him outside into the sleeting weather. Hynes drought Keenan might be taking the child to the boy’s motiier’s house two blocks away; however, Keenan told Hynes as he was leaving he was taking the child to his house in Lenexa, Kansas. Hynes was concerned and called die police to report a possible DUI.

Officer Betsy Madl of the Lenexa Police Department was dispatched to Keenan’s house. Madl was informed a person might be operating a vehicle with a child inside while intoxicated. Madl was also told by dispatch a protection from abuse order (PFA) may have been violated. It was later determined at the police station the PFA had been dismissed.

Madl was at Keenan’s house when Keenan pulled into his driveway. Madl testified, upon her contact with Keenan, she “immediately noticed a strong odor of a consumed alcoholic beverage emitting from his person or vehicle . . . and while carrying [his son] into the house, he stumbled several times.” However, on cross-examination, Madl admitted she observed no traffic infractions or errors in driving in the very short time she observed Keenan driving down the street and into his driveway.

At the time Madl made contact, Keenan was talking on his cellphone. Keenan asked if he could go inside and lay his son down, and Madl consented but remained in constant contact with Keenan. As Keenan walked to the house, Madl observed him have a hard time walking in a straight line or staying steady while carrying his son. Just prior to Keenan entering his house, Officer Jason [360]*360Hinkle of the Lenexa Police Department arrived to assist Madl. The officers asked if they could enter the house. Keenan refused.

Despite Keenan’s refusal, the officers immediately followed him into the house. Madl testified a concern regarding the safety of die child and the possibility the evidence of DUI could be lost, destroyed, concealed, or tampered with once Keenan went inside the house. Hinkle corroborated diis concern, testifying Keenan could have simply started drinking again, thereby impairing the case they were investigating. Additionally, Hinkle testified that upon arriving at Keenan’s house, he believed there was a violation of a PFA and, therefore, probable cause to arrest for the violation.

Keenan claimed he had nothing to drink. Madl testified Keenan had bloodshot eyes, slurred speech, and Keenan’s statements were repetitive and not making much sense. Madl concluded, based on Keenan’s difficulty in walking and communicating, he was highly intoxicated and would have been unable to safely operate a vehicle. Hinkle testified Keenan had stumbled several times, his eyes were bloodshot, his speech was slurred, and there was “an overwhelming odor of alcohol.” On cross-examination, Hinkle admitted Keenan told him he had bad knees. However, Hinkle concluded Keenan was “significantly intoxicated and in no way capable of safely operating a motor vehicle.”

Keenan refused to perform field sobriety tests, so Hinkle placed him under arrest. Hinkle offered Keenan the opportunity to make arrangements for his son. Keenan proceeded to plug in his cell phone and head toward the kitchen, where a 12-inch butcher’s knife sat on the counter. Hinkle told Keenan to stay out of the kitchen, to which Keenan replied the officers were paranoid. Keenan continued to walk toward the knife, at which point Hinkle grabbed him by the collar to physically stop him. Hinkle testified Keenan then stated, “ T’m fucking Jersey, baby. I’ve taken care of more cops than you’ll know.’ ” Keenan was placed in handcuffs and transported to the police station, where he refused to submit to a breath test.

After Keenan’s arrest, Hinkle searched Keenan’s truck. Search of the truck revealed a half-empty bottle of whiskey, two full bottles of beer, and packaging from the alcohol. The whiskey bottle was [361]*361in the front passenger seat, along with a bottle cap. The other alcohol and packaging were in the front passenger floorboard. Hin-kle testified the whiskey was within easy reach of the driver of the truck.

Keenan was charged with felony DUI, third offense, refusing a preliminary breath test, and transporting an open container in violation of K.S.A. 2010 Supp. 8-1567, K.S.A. 2010 Supp. 8-1012, and K.S.A. 2010 Supp. 8-1599, respectively.

Motion to Suppress Hearing

Keenan filed a motion to suppress the statements, observations, and all evidence that followed the officers’ entry into his house. At the hearing on Keenan’s motion, the State claimed probable cause with exigent circumstances existed to make a warrantless entry into the house to continue the DUI investigation. The State argued that allowing Keenan to go into the house without following him would have interfered with the time-sensitive nature of a DUI charge and would have allowed Keenan die opportunity to destroy or conceal the evidence by consuming more alcohol.

Keenan argued the police lacked both consent and probable cause. The allegation of being under the influence had been made from a caller in another county. The police did not observe traffic violations or have any other evidence of DUI until they got into the house and talked to Keenan. Therefore, Keenan argued a warrant was required to enter his house.

The State rebutted Keenan’s argument by pointing out Madl had testified she had contact with Keenan outside the house and noticed he smelled of consumed alcohol and was stumbling. In corroboration with the phone tip, the State argued there was enough evidence to support a need to investigate for a DUI. Keenan argued these observations were unrelated to his driving and did not allow warrantless entry into his house against his will.

The district court held the police had reasonable suspicion to conduct a DUI investigation and, under exigent circumstances, had a duty to enter Keenan’s house to do so. The district court noted, upon entering the house, the police obtained more facts which supported Keenan’s arrest for DUI. The district court, therefore, [362]*362overruled Keenan’s objection and approved the warrantless entry into his house. At trial, Keenan also objected to the introduction of the evidence obtained within the house, the audio of Hinkle’s contact with Keenan, and the exhibits showing the alcohol from the truck.

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Related

City of Bismarck v. Brekhus
2018 ND 84 (North Dakota Supreme Court, 2018)
State v. Keenan
377 P.3d 439 (Supreme Court of Kansas, 2016)
Commonwealth v. Jewett
31 N.E.3d 1079 (Massachusetts Supreme Judicial Court, 2015)

Cite This Page — Counsel Stack

Bluebook (online)
325 P.3d 1192, 50 Kan. App. 2d 358, 2014 WL 2434625, 2014 Kan. App. LEXIS 36, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-keenan-kanctapp-2014.