People v. Galvadon

Decision Date10 January 2005
Docket NumberNo. 04SA166.,04SA166.
Citation103 P.3d 923
PartiesThe PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Carlos Christopher GALVADON, Defendant-Appellee.
CourtColorado Supreme Court

Jeanne M. Smith, District Attorney, Nan Scranton, Deputy District Attorney, Doyle Baker, Deputy District Attorney, Colorado Springs, for Plaintiff-Appellant.

Dennis W. Hartley, P.C., Dennis W. Hartley, Colorado Springs, for Defendant-Appellee.

MARTINEZ, Justice.

The sole issue before this Court in this case is the preliminary question of whether the defendant is entitled to protection of the Fourth Amendment of the U.S. Constitution. The central inquiry in determining whether the Fourth Amendment protects the defendant is whether the defendant had a reasonable expectation of privacy from government intrusion in the area searched. If the defendant here, Carlos Galvadon (Galvadon), can demonstrate a reasonable expectation of privacy in the place searched, the search of the area thus protected by the Fourth Amendment must be reasonable and pursuant to a warrant or within an exception to the warrant requirement. This interlocutory appeal is brought by the prosecution pursuant to section 16-12-102(2), 6 C.R.S. (2003) and C.A.R. 4.1 from an order of the El Paso District Court granting Galvadon's motion to suppress evidence discovered as a result of a search of the back room of a store where Galvadon was employed. In this case, we determine whether Galvadon, as night manager of the store, has a legitimate expectation of privacy from government intrusion in the back room of the store such that he is entitled to protection by the Fourth Amendment of the U.S. Constitution, when the room is accessible to delivery persons and subject to the store's video surveillance system. Based on the factual findings of the trial court and uncontested evidence adduced at the suppression hearing, we hold that Galvadon did have a reasonable expectation of privacy from government intrusion in the back room of the store.

The facts of this case present an unusual set of circumstances where a police officer investigating suspicious activity followed two individuals into the back room of the store where Galvadon worked. Subsequent officers were called to the scene to assist in the investigation and, while standing in the back room, discovered bricks of marihuana sitting in plain view.

The prosecution has only appealed the issue of Galvadon's "standing" to assert Fourth Amendment protection. We note, however, the U.S. Supreme Court distinguishes between general concepts of judicial standing and "standing" in the Fourth Amendment context. See Minnesota v. Carter, 525 U.S. 83, 87, 119 S.Ct. 469, 142 L.Ed.2d 373 (1998); Rakas v. Illinois, 439 U.S. 128, 128-29, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). The general concept of standing asks whether a person is asserting his own rights, not those of a third person, and the person has alleged injury in fact. Rakas, 439 U.S. at 128-29, 99 S.Ct. 421. The Fourth Amendment inquiry is a more complex inquiry to determine whether the "disputed search and seizure has infringed an interest of the defendant which the Fourth Amendment was designed to protect." Id. If such an interest was infringed, the defendant may claim protection of the Fourth Amendment. Id. To be clear, in this case, we address "standing" in the Fourth Amendment context and determine whether the search of the back room of the liquor store infringed on any of Galvadon's interests the Fourth Amendment was designed to protect.

Such an inquiry does not permit this court to venture into the possible justifications or reasonableness of the police entering the back room. Our review, therefore, is limited to the preliminary Fourth Amendment issue and does not proceed to address the reasonableness of the search or the various Fourth Amendment exceptions relevant to government searches which may make the search of a protected area permissible.

I. Facts and Proceedings Below

Galvadon worked as the night manager of a liquor store owned by his mother-in-law. Galvadon and his mother-in-law were the only employees of the store.

The store is located in a strip shopping center and occupies a narrow rectangular retail space. The front two-thirds of the retail space make up the publicly accessible portion of the store. The back of the store, however, is separated from the front of the store by a large refrigerator to create a separate room ("back room") used for inventory storage, an office and a bathroom. The only access to the back room from the front of the store is through a narrow corridor between the wall of the store and the refrigerator.

The front of the store consists of large glass windows and a glass-paned door with a checkout counter in front. The store has four surveillance video cameras. One is located in the back room and three others are located throughout the front of the store. The video recorder and monitor are also located in the back room.

As night manager, Galvadon was left by himself to take care of the store. His responsibilities included ordering liquor, making bank deposits, writing checks for the store, and restocking shelves. Galvadon used the back room to conduct all of these activities. According to Galvadon, the only people who had unrestricted access to the back room were himself and the owner. Delivery persons were regularly permitted in the back room, but only if supervised or otherwise granted access.

On November 20, 2003, Galvadon was working at the liquor store as night manager. Two other people, Jeffery Hogan (Hogan) and David Flores (Flores), were at the store with him for about an hour. Although the record is not clear as to what exactly transpired, the parties recite the same sequence of events: Shortly before midnight, Flores and Hogan were outside of the store standing in the parking lot. Galvadon stood in the open doorway at the front of the store. Flores was sprayed in the face with pepper spray.1

At the same time, or immediately thereafter, Sergeant Juhl of the Colorado Springs Police Department ("Sergeant Juhl") drove by the store. Sergeant Juhl became suspicious when he saw Flores drop to the ground. He called for backup officers, turned around, and pulled into the parking lot.

When Sergeant Juhl arrived, Galvadon was inside the store, but Hogan and Flores were still in the parking lot. Hogan explained that he and Flores had been "assaulted" by someone around the corner and that Flores was sprayed with pepper spray. Hogan explained that he wanted to take Flores to get his face washed off and then began to escort Flores into the store. Sergeant Juhl followed them.

Once in the store, Hogan asked if he and Flores could use the bathroom. Galvadon stated that no one was allowed in the back. Hogan urged Galvadon that Flores was in pain and needed to use the bathroom to wash off his face. Galvadon again insisted, several times, that no one was allowed in the back room. Hogan, however, ignored Galvadon and escorted Flores to the back room. Sergeant Juhl followed them. Galvadon followed all three of them into the back room.

While Flores was washing his face, backup officers arrived and went to the back room. Galvadon again told everyone in the back room that no one was allowed in back. Galvadon then returned to the front of the store. The officers stayed in the back room with Flores and Hogan while Sergeant Juhl went to the front of the store to speak with Galvadon. While in the back room, one of the officers discovered a "brick" of marihuana sitting in the bottom of an open cardboard box. Shortly thereafter, another brick was discovered sitting in a bag on the floor of the bathroom. Later, the owner of the store arrived and consented to a search of the store. During the search a third brick of marihuana was discovered in the back room.

After Flores, Hogan and the officers cleared out of the back room, Galvadon went into the back room by himself. Sergeant Juhl followed him. When Sergeant Juhl reached Galvadon, he discovered him attempting to hide a surveillance video tape in his pants. Galvadon explained that he had been drinking in the store earlier that night and was hiding the tape because he did not want the owner to find out. The video was later viewed by the investigating officers and showed Galvadon placing what the officers believed to be the bricks of marihuana in the back room.

Galvadon was subsequently charged with possession of marihuana, possession with intent to distribute marihuana and assault in the third degree.

Prior to trial, Galvadon sought to suppress the evidence seized from the liquor store as the fruit of an illegal search. In response, the prosecution argued that Galvadon did not have "standing" to challenge the police intrusion because he had no expectation of privacy in the back room of the store. More specifically, the prosecution claimed that because Galvadon was only an employee he could have no reasonable expectation of privacy. In addition, the prosecution asserted that because others had access to the back room and Galvadon was aware he was being videotaped by the in-store surveillance system while in the back room, that Galvadon could not have a reasonable expectation of privacy. The trial court disagreed and found that Galvadon had "standing" to assert Fourth Amendment protection on the basis of his reasonable expectation of privacy in the back room.

The trial court went on to rule that the warrantless intrusion into the back room could not be justified by any of the exceptions at law argued by the prosecution. Specifically, the court found there were no exigent circumstances, the intrusion was not based on emergency aid and Galvadon did not give consent. These rulings were not appealed by the prosecution and therefore we do not address them here. Instead, the prosecution only appeals the trial court's ruling that Galvadon had Fourth Amendment "standing."

II. Analysis

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