Putnam v. State

• Citation: 995 P.2d 632
• Decision Date: 29 February 2000
• Docket Number: No. 99-29.,99-29.
• Parties: James PUTNAM, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).
• Court: United States State Supreme Court of Wyoming

995 P.2d 632

James PUTNAM, Appellant (Defendant), v. The STATE of Wyoming, Appellee (Plaintiff).

No. 99-29.

Supreme Court of Wyoming.

February 29, 2000.

Representing Appellant: Michael R. O'Donnell of Burke, Woodard & O'Donnell, P.C., Cheyenne, WY. Argument presented by Mr. O'Donnell.

Representing Appellee: Gay Woodhouse, Attorney General; Paul Rehurek, Deputy Attorney General; D. Michael Pauling, Senior Assistant Attorney General; and Robin Sessions Cooley, Assistant Attorney General. Argument presented by Ms. Cooley.

Before LEHMAN, C.J., and THOMAS, MACY, GOLDEN, and HILL, JJ.

HILL, Justice.

Appellant James Putnam pleaded guilty to one count of possession of methamphetamine in violation of Wyo. Stat. Ann. § 35-7-1031 conditioned upon his appeal of the district court's denial of his motion to suppress evidence. Finding no error in the district court's decision denying the motion, we affirm.

ISSUES

Appellant presents the following issues for review:

1. Whether the District Court erred in concluding the continued investigative detention of Mr. Putnam was legitimate when the Officer could point to no articulable fact supporting a reasonable suspicion of criminal activity?

2. Whether the District Court erred in concluding the police officer's searches of this vehicle were legitimate when it was clear no probable cause existed for any of the searches?

3. Whether the District Court erred in concluding the police had probable cause to arrest Mr. Putnam when the only connection between Mr. Putnam and the alleged drugs was his mere presence in the vehicle?

4. Whether the District Court erred in concluding Mr. Putnam was without standing to assert violation of his constitutional rights as a result of searches of a vehicle he possessed with permission of the owner?

The State rephrases the issues as a series of statements:

I. The District Court did not err in denying Appellant's motion to suppress as Appellant lacked standing. Because Appellant lacked standing, he was not entitled to allege that his Fourth Amendment rights were violated by the search of the vehicle and the subsequent seizure of drugs found therein.

II. Based on the facts and circumstances of this case, the district court did not otherwise err in denying Appellant's motion to suppress.

III. It is clear from the record that there was sufficient probable cause to arrest Appellant.

FACTS

At approximately 1:30 a.m. on March 12, 1998, Officer Randy Bjorklund of the Casper Police Department was on patrol when he observed a light in the cab of a pickup truck parked on Oakcrest Street. Officer Bjorklund pulled up behind the vehicle to investigate. The officer was concerned because a number of auto burglaries had recently been reported in that area.

Appellant was sitting in the vehicle behind the steering wheel with his legs on the seat. Robert Carney was standing outside the open passenger door on the curb. Neither person was appropriately dressed for the chilly conditions, and both appeared slightly nervous at Officer Bjorklund's approach.

While standing outside of the vehicle talking to Appellant and Carney, Officer Bjorklund noticed there were a "bunch" of stereo-type wires and electrical instruments on the floorboard. This aroused the officer's suspicions regarding a possible auto burglary. After talking with Appellant and Carney, Officer Bjorklund learned that the truck was parked in the street directly in front of Appellant's house, and that Carney was discussing the possible purchase of a puppy. It was also disclosed that Appellant was not the owner of the truck; rather, he claimed he had borrowed it from his friend, Joe Gallager. All of this information prompted a warrants check which disclosed no outstanding warrants on either party. A check of the truck's plates did reveal, however, that the truck belonged to one John Gallager, not a Joe.

Around the same time, Appellant voluntarily exited the vehicle. The officer determined that for safety reasons, Appellant and Carney should be patted down for any possible weapons. Found on Appellant was a butane torch-type lighter, a type of lighter the officer identified from experience as one used to smoke methamphetamine. Officer Bjorklund was still concerned about a possible auto burglary, so he visually examined the interior of the vehicle. On the floor of the vehicle were loose wires, some electrical equipment, and a stereo CD-player, but no tools, such as wire cutters.

At this point, Officer Bjorklund retrieved his canine unit from his patrol car to search the truck for illegal drugs. The dog alerted on the middle of the seat by an arm rest. Pulling the seat back, the officer found a pipe glass vial with a burnt residue and a bag containing a "hard rock" substance which he believed to be methamphetamine. A field test confirmed this belief. Appellant and Carney denied any knowledge regarding the presence of the drugs. Despite his denials, Appellant was arrested at that time based on his possession of the truck.

After Appellant's arrest, the owner of the truck, John Gallager, arrived on the scene. Under questioning by Officer Bjorklund, Gallager confirmed that the mess of wires and equipment on the floorboard was the normal condition of the truck, thus satisfying the officer's concerns relating to a possible burglary. Gallager also denied having seen the methamphetamine or glass vial before. In addition, Gallager informed Officer Bjorklund that he was aware that Appellant had taken the truck that morning and that it had not been returned. Furthermore, Gallager claimed that he "... was about ready to file a stolen vehicle report on the vehicle."

Appellant was charged with possession of a controlled substance in violation of Wyo. Stat. Ann. § 35-7-1031 (LEXIS 1999). On May 27, 1998, Appellant filed a motion to suppress the drugs found in the truck, challenging his detention and his arrest. After a hearing on the motion, the district court denied the motion in its entirety. Appellant subsequently pled nolo contendere to one count of possession reserving the right to appeal the denial of his motion to suppress. That appeal is now before us.

STANDARD OF REVIEW

We recently reiterated our standard for reviewing a trial court's ruling on a motion to suppress:

We generally do not disturb evidentiary rulings made by a trial court unless the trial court abused its discretion. Wilson v. State, 874 P.2d 215, 218 (Wyo.1994). In reviewing a trial court's ruling on a motion to suppress evidence, we do not interfere with the trial court's findings of fact unless the findings are clearly erroneous. Gehnert v. State, 956 P.2d 359, 361 (Wyo.1998). We view the evidence in the light most favorable to the trial court's determination because the trial court has an opportunity at the evidentiary hearing to assess "the credibility of the witnesses, weigh the evidence, and make the necessary inferences, deductions, and conclusions." Id. The constitutionality of a particular search or seizure is, however, a question of law that we review de novo. Id.; Jones v. State, 902 P.2d 686, 690 (Wyo.1995)

.

Burgos-Seberos v. State, 969 P.2d 1131, 1133 (Wyo.1998).

DISCUSSION¹

Truck Search

The threshold issue in this case concerns Appellant's standing to challenge the canine search of the truck. The district court concluded that Appellant lacked standing because "... he was not the owner of the vehicle ... [and] [t]here is evidence that whatever authority he had to possess the vehicle had expired by the time of the search." Appellant claims this ruling is error because he had permission to borrow the truck in the first instance which is sufficient to demonstrate a legitimate expectation of privacy.

A person alleging an illegal search must demonstrate a legitimate expectation of privacy in the searched property. Dean v. State, 865 P.2d 601, 613 (Wyo.1993). In order to demonstrate a legitimate expectation of privacy, "both an actual subjective expectation of privacy and a reasonable expectation of privacy that society is prepared to recognize" must be shown. Id. Four factors are considered when determining whether an individual possesses a reasonable expectation of privacy:

(1) the precautions taken in order to maintain one's privacy; (2) the likely intent of the drafters of the United States and Wyoming Constitutions; (3) the property rights a claimant possesses in the invaded area; [and] (4) the legitimacy of the individual's possession of or presence in the property which was searched or seized.

Dean, 865 P.2d at 613 (quoting Pellatz v. State, 711 P.2d 1138, 1141 (Wyo.1986)). The burden of proving that a reasonable expectation of privacy exists is on the proponent of a motion to suppress. Rakas v. Illinois, 439 U.S. 128, 131 fn. 1, 99 S.Ct. 421, 424 fn. 1, 58 L.Ed.2d 387 (1978); United States v. Arango, 912 F.2d 441, 446 (10th Cir.1990); 5 Wayne R. LaFave, Search and Seizure § 11.3(e) at 188 & fn. 285 (1996). Mere physical possession or a conclusory claim of bailment is insufficient in and of itself to confer a reasonable expectation of privacy and establish standing to challenge a search or seizure. Arango, 912 F.2d at 445-46; 5 Wayne R. LaFave, Search and Seizure § 11.3(e) at 188.

The evidence unequivocally shows that Appellant had taken the truck. Appellant claimed that he had the permission of its owner, although the owner did not confirm this claim. Indeed, the evidence shows that Appellant did not have permission to use or possess the truck at the time of the search, thus depriving him of any expectation of privacy in the truck. The only evidence at the suppression hearing was introduced through the testimony of Officer Bjorklund, the sole witness at the hearing. The testimony of Officer Bjorklund was that the owner of the truck disavowed any possessory rights of Appellant upon the owner's arrival at the scene. As noted above, it is Appellant's burden to come forward with proof that he had a reasonable...