State v. Barnaby

Citation333 Mont. 220,2006 MT 203,142 P.3d 809
Decision Date23 August 2006
Docket NumberNo. 05-013.,05-013.
PartiesSTATE of Montana, Plaintiff and Respondent, v. Peter Oliver Joseph BARNABY, a/k/a Peter Oliver Butterfly, Defendant and Appellant.
CourtUnited States State Supreme Court of Montana

For Appellant: William F. Hooks, Attorney at Law, Helena, Montana.

For Respondent: Hon. Mike McGrath, Attorney General; Joslyn M. Hunt, Assistant Attorney General, Helena, Montana, Robert J. Long, Lake County Attorney; Mitch Young, Deputy County Attorney, Polson, Montana.

Justice BRIAN MORRIS delivered the Opinion of the Court.

¶ 1 Peter Barnaby (Barnaby) appeals from his conviction in the Twentieth Judicial District, Lake County, for operation of a clandestine laboratory. We affirm in part, reverse in part, and remand for further proceedings.

¶ 2 We review the following issues on appeal:

¶ 3 Whether the District Court properly denied Barnaby's motion to suppress evidence discovered during the search of his residence.

¶ 4 Whether the District Court properly denied Barnaby's Batson challenge.

¶ 5 Whether the District Court properly considered alternatives to imprisonment when sentencing Barnaby, a first time nonviolent felony offender.

FACTUAL AND PROCEDURAL BACKGROUND

¶ 6 Narcotics officers suspected the operation of a methamphetamine laboratory at Barnaby's residence involving June Sheridan (Sheridan). Officer Louis Fiddler (Officer Fiddler), a Flathead Tribal Police Narcotics Investigator, applied for a warrant to search Barnaby's residence on February 11, 2002.

¶ 7 The application for a warrant begins with information pertaining to Sheridan's knowledge of how to manufacture methamphetamines. A confidential informant reported in February of 2000 that he and Corey Minez (Minez) had been taught to make methamphetamines by Ferren Galpin (Galpin). The police arrested Minez for the production of methamphetamines on March 10, 2000. Minez confessed that he had been taught how to manufacture methamphetamines by Galpin and informed the police that Galpin also had taught Sheridan how to produce methamphetamines.

¶ 8 A concerned citizen contacted investigators "in reference" to Sheridan manufacturing methamphetamines in July of 2000. The warrant application uses the terms "concerned citizen" and "citizen informant" interchangeably. We, too, use the terms interchangeably for the purposes of this opinion. The citizen reported from firsthand knowledge and personal observations that Galpin had taught Sheridan how to produce methamphetamines. The application stated that Galpin is now serving a lengthy sentence after being convicted for the production of methamphetamines.

¶ 9 The application contains several reports that detail Sheridan's efforts to obtain the ingredients used in the production of methamphetamines. Employees at a Target store in Missoula detained Sheridan for the attempted shoplifting of five boxes of suphedrine tablets on May 18, 2001. Sheridan confessed to a police officer and Target employee that she had attempted to steal the tablets. Sheridan admitted that she had stolen several boxes of suphedrine tablets from Target in the past.

¶ 10 Officer Fiddler spoke with a citizen informant on July 18, 2001, who had been involved with Sheridan. The citizen reported to Officer Fiddler that Sheridan had lived on his property for some period of time. The citizen had found a box labeled "June's Stuff" on his property that contained acetone, red devil lye, toluene, coffee filters, and several "hot plates." Officer Fiddler stated in the application that he knew from his training and experience that those items are used in the production of methamphetamines. The citizen also reported that his closet had been stained brown during the time that Sheridan had lived on his property. Officer Fiddler stated in the application that materials are commonly stained brown during the production of methamphetamines. The citizen informed Officer Fiddler that he found empty suphedrine boxes in Sheridan's vehicle and that he believed that Sheridan concealed the items used to produce methamphetamines in the trunk of her car because Sheridan would never allow him to be close to it.

¶ 11 A drug force agent observed Sheridan purchasing two cans of toluol from a hardware store in Ronan on October 17, 2001. The application stated that toluol constitutes a known ingredient in the production of methamphetamines.

¶ 12 A tribal police officer advised Officer Fiddler on November 5, 2001, of information concerning the home of Sheridan's parents. The officer stated that Sheridan had been responsible for watching her parent's house for two weeks while they were out of town. Sheridan's parents became ill with sinus problems shortly after they returned home. Officer Fiddler stated in the application that based on his experience he knows that it is common for people to have sinus problems when they are exposed to a location where the production of methamphetamines has taken place.

¶ 13 The application contains the reports of two concerned citizens who reported that Sheridan operated a methamphetamine laboratory at Barnaby's residence. A concerned citizen contacted Officer Fiddler on November 7, 2001, to report that Sheridan lived with a "Peter or Joe" Barnaby at Barnaby's house near Coldwater Lane. The concerned citizen believed that Sheridan operated a methamphetamine lab at Barnaby's residence. The application did not state the source of the citizen's information. Another citizen informant contacted Officer Fiddler on November 28, 2001, to report that Sheridan operated a methamphetamine lab at Barnaby's house. The application again failed to state the source of the citizen's information.

¶ 14 An agent with the drug task force contacted a local pharmacist in January of 2002 to determine whether the pharmacist knew of any people who had been purchasing large amounts of pseudoephedrine or ephedrine products. The application stated that pseudoephedrine and ephedrine are known to be essential ingredients in the production of methamphetamines. The employee reported that Sheridan visited the store at least once a week to purchase ephedrine products. The pharmacist also reported that she suspected Sheridan of the illicit use of ephedrine products due to certain indicators. The pharmacist reported that Sheridan appeared "jittery," had bags under her eyes, and always paid in cash. The pharmacist knew these indicators of methamphetamine use as the result of speaking with a drug task force agent on a previous case.

¶ 15 The application stated that Officer Fiddler made contact with a concerned citizen on January 17, 2002, who personally viewed a series of odd events at Barnaby's residence after Sheridan's arrival. The citizen reported that he knew of Sheridan's arrival at Barnaby's house by the presence of Sheridan's car, a gray 1987 Cougar. The citizen reported that he knew Sheridan from living in the Arlee area and also knew that the vehicle belonged to her. The citizen reported that Sheridan's vehicle had spent a lot of time at the Barnaby residence over the previous two months.

¶ 16 The concerned citizen reported that unusual activities had been occurring at the Barnaby residence since the arrival of Sheridan's vehicle. The citizen reported heavy traffic to and from the Barnaby residence at all hours of the day and night, with visitors staying only for a short amount of time. The concerned citizen observed someone back Sheridan's vehicle up to the door of Barnaby's house and then unload various items from the trunk. The citizen further stated that Barnaby had built a makeshift barrier out of tarps and plastic to prevent neighbors from seeing Barnaby and Sheridan unloading items from Sheridan's car. The barrier also prevented the citizen from viewing some movement around the property. The citizen reported that before Sheridan's arrival, Barnaby burned a fire outside his home only once or twice a year for the purposes of heating a sweat lodge, but now a fire burned almost constantly. The fire always burned during periods of strange activity at the house.

¶ 17 The warrant application stated that all of the persons mentioned in the application had given reliable information in the past. They had all been proven reliable with corroborating information that resulted in arrests from the information they provided. The application further stated that all of the above informants operated separate and apart from each other, and were not aware of the other's participation. The application for a warrant did not distinguish between confidential informants, citizen informants, and concerned citizens.

¶ 18 Judge McNeil apparently signed the warrant on February 11, 2002, although the warrant was dated February 11, 2001. The warrant authorized officers to search a residence identified as 21 Coldwater Drive. Officers conducted a search of Barnaby's residence pursuant to the warrant two days later. The search revealed various items used in the production of methamphetamines and other drug paraphernalia. The State charged Barnaby and Sheridan with operating a clandestine laboratory in violation of § 45-9-132, MCA, on September 19, 2002.

¶ 19 Barnaby and Sheridan moved separately to suppress the evidence discovered during the search before trial based upon a lack of probable cause to search Barnaby's residence. Both argued that the search was invalid due to the fact that Judge McNeil signed the warrant in 2001 and the officers conducted the search in 2002. The District Court agreed with the State that Judge McNeil likely had made a typographical error and actually had signed the warrant on February 11, 2002. Both also challenged the warrant's validity on the grounds that it authorized the officers to search a residence located at 21 Coldwater Drive, while Barnaby's house is located at 1-12 Coldwater Lane.

¶ 20 Officer Fiddler...

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  • State v. Miller
    • United States
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    • May 17, 2022
    ...respective showings under the three-prong Batson analysis are generally matters of fact subject to review only for clear error. State v. Barnaby , 2006 MT 203, ¶¶ 54-55, 333 Mont. 220, 142 P.3d 809.4 ¶14 Under the first prong, a prima facie showing of race-based discrimination requires a sh......
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