State v. Staatz

978 P.2d 881, 132 Idaho 693, 1999 Ida. App. LEXIS 44
CourtIdaho Court of Appeals
DecidedMay 26, 1999
Docket24363
StatusPublished
Cited by18 cases

This text of 978 P.2d 881 (State v. Staatz) is published on Counsel Stack Legal Research, covering Idaho Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Staatz, 978 P.2d 881, 132 Idaho 693, 1999 Ida. App. LEXIS 44 (Idaho Ct. App. 1999).

Opinions

PERRY, Chief Judge.

David N. Staatz appeals from an order of the district court denying Staatz’s motion to suppress evidence. For the reasons set forth below, we reverse.

I.

BACKGROUND

The undisputed facts are based on the testimony elicited during the suppression hearing. A complaint of child abuse was made to the Shoshone County Sheriffs Department. Officers Ramirez and Anderson conducted the initial investigation. The father of the alleged victim stated that he believed his daughter had been physically abused by Staatz, who was married to the child’s mother, Mary. During the discussion of the complaint, the officers were informed that, two weeks previous, the father had observed marijuana plants in Staatz’s bedroom closet.

Officer Ramirez contacted officer Gunderson, the head of the Shoshone County drug task force, to assist in the investigation. Officer Ramirez then contacted Mary and Staatz, outside of a local tavern, and asked that they return to their home to discuss custody arrangements for the four older children, who had already been removed from the home by the authorities and given to their father. Another child, fathered by Staatz, was at another location with a babysitter. Mary and Staatz drove home in their own vehicle.

When they arrived home, Mary and officer Ramirez went into the home. Officer Ramirez and Mary discussed the custody arrangements for her youngest child. Officer Ramirez explained to Mary how the investigation of the alleged child abuse would be carried out, stating that the officers needed to collect clothing for the youngest child and investigate the living and sleeping arrangements of the children. Mary then asked officer Ramirez to “go outside so she could think this out.” Officer Ramirez, however, refused to leave for officer safety reasons because of the presence of a gun cabinet in the living room. Officer Ramirez did not ask if the cabinet was locked and did not know if it contained any weapons. During these conversations, Staatz remained outside with officer Anderson while narcotics officer Gunderson walked in and out of the house.

After the officers refused to leave, they accompanied Mary to the children’s bedroom to gather clothes for the youngest child. Following a discussion wherein it "was determined that the youngest child slept with her and Staatz, Mary and the officers proceeded to the master bedroom. Officer Ramirez noticed bright lights coming from the cracks around the closet door, and officer Gunderson detected an odor of marijuana. Upon questioning by officer Gunderson, Mary indicated that Staatz was growing marijuana and opened the closet door, revealing the contraband.

Staatz was charged with felony manufacturing a controlled substance in the presence [695]*695of children, misdemeanor possession of drug paraphernalia, and misdemeanor injury to children. He moved to suppress the evidence seized at the house, and the district court denied the motion. Staatz then entered into a plea agreement with the state, whereby the state agreed to amend the felony charge and to dismiss the misdemeanors. Staatz pled guilty to manufacturing a controlled substance, I.C. § 37-2732, reserving his right to appeal the district court’s denial of his suppression motion. Staatz appeals.

II.

ANALYSIS

Staatz contends that the district erred both in finding that consent was given to enter the home and in finding that, if given, the consent was not thereafter revoked.1 The standard of review of a suppression motion is bifurcated. When a decision on a motion to suppress is challenged, we accept the trial court’s findings of fact which were supported by substantial evidence, but we freely review the application of constitutional principles to the facts as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App.1996).

Although a warrantless entry or search of a residence is generally illegal and violative of the Fourth Amendment, such an entry or search may be rendered reasonable by an individual’s consent. State v. Johnson, 110 Idaho 516, 522, 716 P.2d 1288, 1294 (1986); State v. Abeyta, 131 Idaho 704, 707, 963 P.2d 387, 390 (Ct.App.1998). In such instances, the state has the burden of demonstrating consent by a preponderance of the evidence. State v. Kilby, 130 Idaho 747, 749, 947 P.2d 420, 422 (Ct.App.1997). The state has a heavy burden to prove that consent was given freely and voluntarily. State v. Huskey, 106 Idaho 91, 94, 675 P.2d 351, 354 (Ct.App.1984). The state must show that consent was not the result of duress or coercion, either direct or implied. Schneckloth v. Bustamonte, 412 U.S. 218,248, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973); State v. Whiteley, 124 Idaho 261, 264, 858 P.2d 800, 803 (Ct.App. 1993). The voluntariness of an individual’s consent is evaluated in light of all the circumstances. Whiteley, 124 Idaho at 264, 858 P.2d at 803. Consent to search may be in the form of words, gesture, or conduct. State v. Knapp, 120 Idaho 343, 348, 815 P.2d 1083, 1088 (Ct.App.1991).

A. Initial Entry

Staatz contends that the district court erred when it found that the officers’ initial entry into the home was legal because Mary consented to the entry. During the hearing on the suppression motion, the only testimony addressing the method and means whereby the officers gained entry into Staatz’s residence was elicited on re-direct examination of officer Ramirez:

Q. Mary let you inside her home initially-
A. Yes.

At the close of the hearing, the district court found the testimony to be “vague with respect to consent to enter the residence initially.” During appellate oral argument, the state conceded the paucity of the record as it pertained to the initial entry of the residence.2

There is no direct evidence that Mary orally invited the officers into the residence or in some manner physically gestured them into the home. In this case, the state must rely on Mary’s conduct to prove consent. When consent to enter and search a home must be inferred, the burden on the state of proving consent is “heaviest.” United States v. Shaibu, 920 F.2d 1423 (9th Cir.1990). As the United States Supreme Court stated:

[696]*696The Fourth Amendment protects the individual’s privacy in a variety of settings. In none is the zone of privacy more clearly defined than when bounded by the unambiguous physical dimensions of an individual’s home — a zone that finds its roots in clear and specific constitutional terms: “The right of the people to be secure in their ... houses ... shall not be violated.”

Payton v. New York, 445 U.S. 573, 589,

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Bluebook (online)
978 P.2d 881, 132 Idaho 693, 1999 Ida. App. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-staatz-idahoctapp-1999.