State v. Martin

367 S.E.2d 618, 322 N.C. 229, 1988 N.C. LEXIS 294
CourtSupreme Court of North Carolina
DecidedMay 5, 1988
Docket469A86
StatusPublished
Cited by53 cases

This text of 367 S.E.2d 618 (State v. Martin) is published on Counsel Stack Legal Research, covering Supreme Court of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Martin, 367 S.E.2d 618, 322 N.C. 229, 1988 N.C. LEXIS 294 (N.C. 1988).

Opinions

WEBB, Justice.

We note at the outset that the defendant did not object or assign error to the consolidation of these cases for trial. We do not consider the question of whether this joinder was proper.

The defendant first assigns error to the admission into evidence of his tennis shoes which were found in his bedroom in the house in which he was staying. The defendant objected to the admission of this evidence during the first trial and a voir dire hearing was held out of the presence of the jury. Sterling Cartrette testified that he was a detective with the Columbus County Sheriffs Department. In the early morning of 16 June 1985 he went to the rape victim’s home and found footprints made by a person who was wearing tennis shoes. He followed the footprints until they led him to Ms. Hattie Tart’s home. He knocked and Ms. Tart came to the door. Detective Cartrette testified that he asked Ms. Tart if there was a male there and she said, “yes.” He testified Ms. Tart told him she was the owner of the house and gave him permission to enter. He testified further that Ms. Tart led him to the defendant’s bedroom door which was closed. He knocked on the door and identified himself. A male voice asked what he wanted and Detective Cartrette said he wanted to talk to him. The door opened and he saw the defendant standing in his shorts. Detective Cartrette told the defendant a lady had been raped and he had followed the tracks from her house. Detective Cartrette [233]*233stepped into the room and advised the defendant of his constitutional rights. At this time Detective Cartrette saw a pair of tennis shoes on the floor. The defendant told him he had worn the tennis shoes the previous night and Detective Cartrette took them. Detective Cartrette arrested the defendant at that time.

Hattie Tart testified for the defendant that Detective Cartrette came to the house in which she was living early in the morning of 16 June 1985. She was awakened by a knock on the door and when she answered it Detective Cartrette asked her if a man was in the house. When she answered in the affirmative, Detective Cartrette asked for the location of the man’s room and she led Detective Cartrette to the room. Detective Cartrette knocked once and pushed open the door. She then heard Detective Cartrette tell the defendant to put his clothes on. She testified Detective Cartrette did not ask her whose house it was or who paid the rent until he questioned her again a few days later. She testified that Sherry Gore lived in the house with the defendant. Hattie Tart testified further that she paid the rent and Sherry Gore paid the light bill. Ms. Tart said the defendant paid part of the household expenses by giving money to Sherry. On cross-examination she said it was her house.

Following the voir dire hearing, the court found facts as follows: Detective Cartrette followed tennis shoe tracks from the home of a woman who told him she had been raped to the home of Hattie Tart. Ms. Tart told Detective Cartrette she was the owner of the house. She also told him she paid rent on it to the owner, Mr. Powell. She gave him permission to enter the house and pointed out to him the defendant’s bedroom. The court found as facts that Detective Cartrette knocked on the defendant’s bedroom door, which door was opened by the defendant. Detective Cartrette then engaged the defendant in conversation and saw the tennis shoes at that time. The court found that Hattie Tart pays the rent on the house and the defendant “may contribute along with the witness Sherry Gore to some of the light bill and food.” The court found the search of the premises was done with the permission of the person in control of the house and ordered that the tennis shoes be admitted into evidence.

The defendant argues that the admission of the tennis shoes into evidence is a violation of his right to be free from an [234]*234unreasonable search or seizure as guaranteed in the Fourth and Fourteenth Amendments to the United States Constitution and Article I, Sec. 20 of the Constitution of North Carolina. He contends (1) there was no consent given to search the house, (2) that if Ms. Tart gave consent she did not have the authority to authorize a search of the defendant’s bedroom, and (3) the defendant’s arrest was invalid so that the seizure of the shoes was not incident to a valid arrest.

The evidence clearly supports the finding of the court that Ms. Tart paid the rent on the house and had the authority over the premises to allow Detective Cartrette to enter. State v. Barnett, 307 N.C. 608, 300 S.E. 2d 340 (1983). The court also found that when Detective Cartrette knocked on the door of defendant’s room the defendant voluntarily opened the door and engaged in a conversation with Detective Cartrette. During this conversation, Detective Cartrette stepped into the bedroom without any objection by the defendant. At this time he saw the tennis shoes. We hold Detective Cartrette was in a place where he had a right to be and he could lawfully seize evidence which was in plain view. Coolidge v. New Hampshire, 403 U.S. 443, 29 L.Ed. 2d 564 (1971); State v. Bogin, 66 N.C. App. 184, 310 S.E. 2d 640, disc. rev. denied, 310 N.C. 478, 312 S.E. 2d 886 (1984). The tennis shoes were properly admitted into evidence.

In light of our holding that the defendant consented to the entry into his bedroom, we do not determine whether he had such control over the bedroom that a consent was necessary. Nor do we pass on his contention that the seizure of the tennis shoes was the fruit of an illegal arrest.

The defendant next contends it was error for the prosecuting attorney to be allowed to ask him on cross-examination whether he had written a letter to his brother, asking the brother to commit perjury at the trial. This question was based on a letter written by the defendant, which was seized during a search of the defendant’s cell. In Hudson v. Palmer, 468 U.S. 517, 82 L.Ed. 2d 393 (1984), the United States Supreme Court held the Fourth Amendment proscription against unreasonable searches does not apply within the confines of the prison cell. The defendant says that in Hudson the Court left open the question of whether a different result obtains in the case of pretrial detainees. It is true [235]*235that the Court in Hudson did not discuss the question of pretrial detainees. That question was not before it. The same considerations which the Court said restrict a person’s constitutional rights while in prison, that is, the need to maintain order in places of confinement, apply to pretrial detainees who are confined in jails. In Bell v. Wolfish, 441 U.S. 520, 60 L.Ed. 2d 447 (1979), the Court dealt with the restrictions on pretrial detainees’ Fourth Amendment rights without making any distinction between prisons and jails in which people are incarcerated awaiting trial. See also State v. Primes, 314 N.C. 202, 333 S.E. 2d 278 (1985). We hold the defendant did not have a reasonable expectation of privacy within his jail cell and the search was proper.

The defendant argues that even if the jailer had a right to search his cell, the search was unreasonable. The letter was discovered by going through the defendant’s notebook. The defendant argues that this exceeded the lawful scope of the search.

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Cite This Page — Counsel Stack

Bluebook (online)
367 S.E.2d 618, 322 N.C. 229, 1988 N.C. LEXIS 294, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-martin-nc-1988.