State v. LaPlante

2002 SD 95, 650 N.W.2d 305, 2002 S.D. LEXIS 112, 2002 WL 1832703
South Dakota Supreme Court·Decided August 7, 2002·No. 21993, 21999·Published·Cited by 26 cases

Opinion

ZINTER, Justice.

[¶ 1.] Carolyn and Richard LaPlante (Carolyn, Richard, or LaPlantes) appeal from their convictions of maintaining a place for the purpose of using, keeping, or selling controlled substances in violation of SDCL 22-42-10. 1 LaPlantes’ convictions arose out of their three sons’ involvement in drug activity in the family home. Carolyn and Richard raise a number of issues on appeal. We address their challenge to the sufficiency of the evidence to support their convictions, and the introduction of marijuana and firearm evidence. We affirm.

FACTS AND PROCEDURAL HISTORY

[¶ 2.] At all times material to this case, Richard and Carolyn lived in a split-level home in Sioux Falls. Their three sons (Jesse, age 21; Tyler, age 19; and Jared, age 17) also resided in the home. The boys’ bedrooms were on the lower level, LaPlantes’ bedroom was on the upper level, and there was an open stairway between the two. The lower level also contained a number of common areas including a television room (hereinafter referred to as Jesse’s television room), a furnace room, a storage room, and a family room.

[¶ 3.] Carolyn, Richard, and their sons all used the lower level. Although the extent of that use was in dispute, there is no dispute that Carolyn collected laundry from the lower level, and Richard would often watch movies in the family room. Additionally, Carolyn’s teacher supplies and household storage items were located in the storage room, the furnace and related items were in the furnace room, and a large screen television was in the family room. In order to access any of these common areas, LaPlantes would have to *308 walk by two or all three of the boys’ rooms.

[¶ 4.] The evidence reflects that the La-Plante family problem with drugs started as early as 1994. In 1994 and 1996 Jesse was arrested on drug charges. Carolyn was called to the police station following the 1996 arrest. The police told Carolyn that Jesse had been using methamphetamine. Having worked as a school district drug prevention advisor, Carolyn was aware that methamphetamine was an extremely addictive drug.

[¶ 5.] Obviously concerned, Carolyn arranged for Jesse to attend drug treatment. Although Jesse completed the treatment program, he did not complete the recommended aftercare. Instead, Jesse started private counseling and was placed on an antidepressant. As a result of this and other conduct, Richard acknowledged that “we always kept a little bit more of an eye on Jess.”

[¶ 6.] The drug problems continued in 1998, when the Sioux Falls police received numerous calls from neighbors complaining about short-term traffic at LaPlantes’ home. The police officers subsequently monitored the home. During the monitoring, they observed a man leave. The officers searched him and discovered marijuana on his person.

[¶ 7.] As a result of these events, two police officers conducted what they described as a “knock and talk” at LaPlantes’ home. During that visit, the officers specifically informed Richard and Carolyn of the numerous calls the police had received about the short-term traffic. They also informed Richard and Carolyn that the police suspected that drugs were being sold from the home. Although the officers asked for permission to search the home, LaPlantes declined to give their consent. Before leaving, the officers told the La-Plantes that if drugs were being sold from their house, they could face civil and criminal penalties.

[¶ 8.] In early 2000, the police began receiving information that ultimately led to a search of LaPlantes’ home. The affidavit in support of the search warrant reveals that a confidential informant alleged that he had purchased ecstasy (a controlled substance) from another informant who had purchased the ecstasy from Jesse at LaPlantes’ home. Another informant disclosed that she had sold Jesse a gram and Jesse’s brother l/8th ounce of cocaine in LaPlantes’ home.

[¶ 9.] As a result of this information, the police obtained and executed a search warrant. All of the officers who entered the home testified that they smelled the odor of burning marijuana. Although no burning marijuana was discovered, 2 controlled drug paraphernalia (including methamphetamine and cocaine residue) were found in plain view in the lower level. Controlled drugs, controlled drug paraphernalia, marijuana, marijuana paraphernalia, and other items used in the drug trade were also found concealed in the boys’ bedrooms, the furnace room, and Jesse’s television room.

[¶ 10.] The evidence that was removed from the lower level of the home included:

Exhibit 2, dock handgun
Exhibit 3, Three dock magazine rounds
Exhibit 4, Holster and bullets
Exhibit 5, Pipes and residue
Exhibit 6, Address book and Rolodex
Exhibit 7, Leather bong
Exhibit 9, Spoons with residue of cocaine or methamphetamine
Exhibit 10, Tin with needles
*309 Exhibit 11, Tool organizer with 8.4 grams of methamphetamine
Exhibit 12, Suspected methamphetamine
Exhibit 13, Baggies, pipe and needle
Exhibit 14, Gun safe
Exhibit 15, Olympic Arms AR15 rifle
Exhibit 16, Clip with bullets
Exhibit 17, SIG-Sauer handgun
Exhibit 20, One-fourth pound of marijuana
Exhibit 21, Triple beam scale
Exhibit 22, Ammunition
Exhibit 23, Notebooks and receipts (“owe sheets”)
Exhibit 25, Bulletproof vest
Exhibit 26, Baggies, foil, scale, and pipes
Exhibit 27, Glock handgun
Exhibit 28, Magazine and bullets
Exhibit 29, A “one-hitter” found on Jared
Exhibit 31, Hemostats, pipes, and razor blades
Exhibit 32, Spoon with residue of cocaine or methamphetamine
Exhibit 33, Photocopied pages from the book Secrets of Methamphetamine Manufacture: Including Recipes for MDA, Ecstasy, and Other Psychedelic Amphetamines (a book discussing the “clandestine” manufacture of controlled substances)
Exhibit 34, Triple beam scale and bong
Exhibit 35, Baby wipes container and syringes

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State v. LaPlante, 2002 SD 95, 650 N.W.2d 305, 2002 S.D. LEXIS 112, 2002 WL 1832703 (S.D. 2002).

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