State v. Walker

1998 NMCA 117, 964 P.2d 164, 125 N.M. 603
CourtNew Mexico Court of Appeals
DecidedJune 30, 1998
Docket18773
StatusPublished
Cited by13 cases

This text of 1998 NMCA 117 (State v. Walker) is published on Counsel Stack Legal Research, covering New Mexico 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. Walker, 1998 NMCA 117, 964 P.2d 164, 125 N.M. 603 (N.M. Ct. App. 1998).

Opinion

OPINION

DONNELLY, Judge.

{1} The State appeals from an order granting Defendant’s motion to suppress evidence, including photographs and observations made by police following a search of Defendant’s residence. The search of the residence was made pursuant to consent given by Karen Slattery (Slattery) who had been living with Defendant. The trial court found that Slattery possessed no authority to consent to a search of the premises at the time she gave her consent. For the reasons discussed herein, we reverse the trial court’s order.

FACTS

{2} At the time of the events involved in this case, Slattery and Defendant lived together for approximately six years. Slattery and Defendant lived in an apartment under a lease assumed by Defendant from his mother. Slattery cohabited with Defendant in this apartment in Albuquerque, New Mexico, for approximately one and one-half years, with the exception of approximately one month, a year prior to the events in question, when she moved out to live with her mother after another alleged incident of domestic violence. While living at the apartment, Slattery ate and slept there, kept her personal belongings there, and had complete access to all areas in the apartment, including the kitchen, bathroom, bedroom, and living room. Defendant had a key to the apartment and asserted that Slattery also had possessed a key at one time, but that she had lost it. Defendant testified that he had asked Slattery to move out of the apartment in July 1996. Despite this, Slattery continued to share the apartment and sleep in the same bed with Defendant until October 30, 1996. The trial court found that, except for the approximately one month interval when she moved out, both Defendant and Slattery had joint access to and mutual use of the entire apartment until October 30,1996.

{3} According to Slattery’s testimony, during the latter period of her cohabitation with Defendant, perhaps as late as October 26, 1996, he physically assaulted her and he prevented her from freely leaving the apartment. She testified that Defendant would barricade the bedroom door at night with a heavy toolbox so that he would be awakened if she attempted to leave. Slattery stated that she finally escaped from the apartment “[bjecause it was a — I had finally had enough and it was a chance when he left me by myself there that I could finally just get out of there.” Following the hearing on the motion to suppress, the trial court found that Slattery had been confined inside the apartment from October 26 to October 30, 1996, during which time she was allegedly raped and battered by Defendant.

{4} On October 30, 1996, when Defendant briefly left her alone in the apartment, Slattery gathered some things and rode her bicycle to a hospital. As she was riding away from the apartment, Slattery saw Defendant return. Slattery testified that she did not tell Defendant that she was leaving because she was afraid of him. After Slattery arrived at the hospital, security personnel contacted the police. In the early morning hours of October 31, Slattery returned to the apartment with police officers. At that time, Slattery agreed to sign a consent form authorizing the officers to search the apartment. Because Defendant was not present and Slattery had no key, the officers entered the apartment by breaking down the door. During their search, the officers took photographs, which allegedly indicated that the windows of the apartment were barricaded and which showed the toolbox reportedly used to barricade the bedroom door. Thereafter, Defendant moved to suppress evidence taken by the police during the search.

{5} At the hearing on the motion to suppress, Slattery testified that, when she left the apartment on October 30, she had no intention of returning for any reason except to “get some of my stuff.” Some time after the search, Slattery in fact did return to the apartment to retrieve some of her personal belongings, including clothing, pottery, and pottery-making equipment.

{6} Defendant was charged with kidnapping, criminal sexual penetration, aggravated battery, aggravated assault, and tampering with evidence in connection with the events alleged in this ease. Following the hearing on the motion to suppress, the trial court issued its order of suppression, which contained extensive findings of fact and conclusions of law detailing its reasoning. Reduced to its essence, the trial court’s reasoning was that, while Slattery had joint access to and control over the apartment until October 30, once she left the apartment with no intention of returning except to retrieve her things, she abandoned any joint access or control she may have had. Part of the trial court’s reasoning relied on the facts that Slattery was not married to Defendant, that she was not formally a party to the lease of the apartment, and that she did not contribute financially to the rent. Another part of the trial court’s reasoning relied on the fact that Defendant did not force Slattery out of the apartment, but rather he kidnapped and held her in it, thereby making it Slattery’s own act to abandon the apartment. The trial court suppressed the photographs taken by police and all evidence obtained by them concerning their observations during the search. The State appeals that ruling.

DISCUSSION

{7} In reviewing the trial court’s ruling on the motion to suppress, we determine whether the law was correctly applied to the facts, ordinarily viewing the facts in the light most favorable to the prevailing party. See State v. Leyba, 1997-NMCA-023, ¶ 8, 123 N.M. 159, 935 P.2d 1171; State v. Diaz, 1996-NMCA-104, ¶7, 122 N.M. 384, 925 P.2d 4. However, when a trial court makes specific written findings of fact that are supported by substantial evidence, those findings prevail over any inconsistent conclusions of law or an inconsistent judgment. See Roybal v. Chavez Concrete & Excavation Contractors, Inc., 102 N.M. 428, 430, 696 P.2d 1021, 1023 (Ct.App.1985). If the evidence is conflicting, the trial court resolves the disputed factual issues. See State v. Keyonnie, 91 N.M. 146, 147, 571 P.2d 413, 414 (1977) (in a suppression hearing the trier of fact determines the weight and sufficiency of the evidence). When the trial court’s ruling is supported by substantial evidence, a reviewing court will not set aside the ruling made below, unless it appears that the ruling was erroneously premised on the law or the facts. See State v. Walters, 1997-NMCA-013, ¶ 8, 123 N.M. 88, 934 P.2d 282.

{8} A warrantless search and seizure is unreasonable unless it falls within one of the exceptions to the warrant requirement. An exception to the warrant requirement, however, upholds as reasonable those searches which are shown to be consensual. See Diaz, 1996-NMCA-104, ¶9, 122 N.M. 384, 925 P.2d 4. The consent to search a residence may come from a third party who has common authority over the premises. Id.; see also State v. Duffy, 1998-NMSC-014, ¶ 66, - N.M. -, 967 P.2d 807; State v. Wright, 119 N.M. 559, 564, 893 P.2d 455, 460 (Ct.App.1995).

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Bluebook (online)
1998 NMCA 117, 964 P.2d 164, 125 N.M. 603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walker-nmctapp-1998.