State v. Therriault

2000 MT 286, 14 P.3d 444, 302 Mont. 189, 2000 Mont. LEXIS 282
CourtMontana Supreme Court
DecidedNovember 15, 2000
Docket99-288
StatusPublished
Cited by30 cases

This text of 2000 MT 286 (State v. Therriault) is published on Counsel Stack Legal Research, covering Montana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Therriault, 2000 MT 286, 14 P.3d 444, 302 Mont. 189, 2000 Mont. LEXIS 282 (Mo. 2000).

Opinions

JUSTICE NELSON

delivered the Opinion of the Court.

¶1 The Defendant, Chadley Ray Therriault (Therriault), appeals the orders and judgments entered by the Fourth Judicial District Court, Missoula County, that granted the State’s petition to revoke his probationary sentence and denied his motion to suppress evidence. We affirm.

¶2 Therriault raises two issues:

1. Did an Intensive Supervision Program officer’s entry into Therriault’s unoccupied residence, without consent from Therriault, constitute an unlawful search requiring suppression of evidence?
[192]*1922. Did the State provide Therriault with reasonable notice of what constituted a violation of his probation?

FACTUAL AND PROCEDURAL BACKGROUND

¶3 In October of 1996, Therriault entered into a plea agreement in which he agreed to plead guilty to seven felony counts. Therriault, who was 18 years old at the time of the crimes, stood charged with four counts of felony theft, one count of felony criminal endangerment involving a high-speed chase with a police officer, and two felony counts of sexual intercourse without consent involving a 14-year-old female. All seven occurred within little more than six months time.

¶4 In December of 1995, Therriault stole a pickup from a car lot, which was recovered in January of 1996 when the missing vehicle was discovered at a motel where Therriault had registered under his own name. Six months later, Therriault stole a motorcycle and drove it the next day to his 14-year-old girlfriend’s home. The motorcycle was discovered stashed near the residence after police arrived in response to the girl’s mother’s 9-1-1 call. The girl’s mother had apparently warned Therriault not to continue relations with her daughter. Therriault and the young teen had been “dating” for about one-and-a-half years. Therriault was caught sneaking out of the girl’s bedroom window by her brother, who detained him until police arrived. Just days later, having been released on his own recognizance, Therriault was again discovered with the girl, this time by his sister. He fled with the girl by stealing his parents’ car. He would eventually leave the car at a used car lot in Missoula where he and the girl took another vehicle for an unauthorized test drive. The lot’s owner summoned the assistance of law enforcement. The criminal endangerment charge arose during the subsequent failed apprehension of Therriault, as an officer chased him out of town, onto a mountain road, and eventually gave up his pursuit.

¶5 In exchange for his pleas, the State agreed to recommend concurrent prison terms of 10 years for each count, with a portion suspended. The plea agreement also required the State to recommend that Therriault be placed in the Intensive Supervision Program (ISP). In March of 1997, Therriault was accepted by ISP after an initial rejection by the program in February.

¶6 On April 16,1997, following a sentencing hearing, the District Court sentenced Therriault to the Department of Corrections for ten years, with seven years suspended upon several conditions. The court [193]*193recommended that Therriault be placed in the Intensive Supervision Program, and would be subj ect to “all the rules and regulations” of the State Department of Corrections.

¶7 The conditions of his suspended sentence provided that Therriault could not knowingly engage in any conduct whatsoever “offensive to the laws of the State of Montana, any other states, or any of the laws of the United States of America.” Further, he was required to “conduct himself as a good citizen at all times.” Therriault was also required to “submit himself, his vehicle and his residence to search at any time by lawful authorities upon reasonable request of his Probation Officer.”

¶8 According to his ISP supervising officer, Therriault’s record of compliance as an ISP “inmate” during 1997 was less than stellar. Nevertheless, he made progress to the point that as the end of 1997 drew near, completion of his ISP program was in sight, which apparently meant he would become an ordinary probationer, subject to less intensive supervision. An event in December of that year would change all of that.

¶9 At or before 6 p.m., on December 18,1997, Therriault’s ISP supervising officer, Mike McCarty, arrived at Therriault’s residence near Arlee, Montana, for the purpose of conducting a routine check. Testimony indicated that it may have been as early as 5 p.m., while McCarty stated it was closer to 6 p.m. Therriault was required to comply with a 6 p.m. curfew. According to McCarty’s testimony, he regularly stopped by Therriault’s residence unannounced at various times, conducted random tests for drugs and alcohol, searched the premises for contraband or unauthorized possession of certain items, such as firearms and ammunition, and routinely phoned Therriault to monitor his employment status and involvement with the required community service.

¶10 McCarty knocked several times, and eventually opened the door and called out to Therriault, and identified himself. With no answer, McCarty entered the residence. He spotted what he thought might be a note left for him on the kitchen counter explaining where Therriault had gone. Instead, the piece of paper apparently was a high school registration application for a female student. Other than perhaps the applicant’s name, it is not clear from the record to what degree McCarty studied and gained information from the application at that time. Satisfied that Therriault was not at home, McCarty left.

[194]*194¶11 McCarty then went to Therriault’s sister’s residence, which was next door. According to the testimony of McCarty as well as Therriault’s sister, she informed him that she had seen a girl at Therriault’s home during the course of the past two weeks, and questioned McCarty about the lawful age of consent. Learning this, McCarty returned to and entered Therriault’s residence again, reviewed the application, and observed that the date of birth of the applicant was in 1983, making the female 14 years old at the time. McCarty testified that he left a note next to the registration application, instructing Therriault to contact him, and proceeded to leave.

¶12 Later that night, at approximately 10 p.m., McCarty returned to the residence with a deputy sheriff. After several minutes of knocking, Therriault answered the door. He admitted that a girl was in the basement. The officers found the girl (hereinafter A.M.) in a basement bedroom. The officers learned she was the same girl identified in the school registration application found earlier by McCarty. A.M.’s attire consisted of a bed sheet. Her clothes were located upstairs.

¶13 A.M. was interviewed by Detective Gregory Hintz a month later on January 14,1998, at Charlo High School. According to A.M.’s statements provided to Detective Hintz, her relationship with Therriault was one of friendship that had included sexual intercourse on only one occasion. She stated that she “didn’t stay there every night, I just stayed there like on and off...” She admitted to using his address as her own on her application to Arlee High School, where she intended to transfer. She explained that on the night of Therriault’s arrest, she had been sleeping downstairs alone, and the two did not have any sexual relations at that time. A.M. told Detective Hintz that Therriault knew her age at the time, which was 14 years old. She told the detective that they had met in late November, several weeks prior to his arrest.

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Bluebook (online)
2000 MT 286, 14 P.3d 444, 302 Mont. 189, 2000 Mont. LEXIS 282, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-therriault-mont-2000.