State v. Chilinski

• Citation: 330 P.3d 1169,376 Mont. 122
• Decision Date: 05 August 2014
• Docket Number: No. DA 13–0151.,DA 13–0151.
• Parties: STATE of Montana, Plaintiff and Appellee, v. Michael Kurt CHILINSKI, Defendant and Appellant.
• Court: United States State Supreme Court of Montana

376 Mont. 122

330 P.3d 1169

STATE of Montana, Plaintiff and Appellee,

v.Michael Kurt CHILINSKI, Defendant and Appellant.

No. DA 13–0151.

Supreme Court of Montana.

Submitted on Briefs May 28, 2014.

Decided Aug. 5, 2014.

For Appellant: Wade Zolynski, Chief Appellate Defender, Koan Mercer, Assistant Appellate Defender, Helena, Montana.

For Appellee: Timothy C. Fox, Montana Attorney General, Katie F. Schulz, Assistant Attorney General, Helena, Montana, Matthew Johnson, Jefferson County Attorney, Boulder, Montana.

For Amicus Curiae: William R. Sherman, Nicole B. Neuman, Stijn Van Osch, Latham & Watkins, PLLP, Washington, D.C., (Pro hac vice Attorneys for the Humane Society of the United States), David K.W. Wilson, Jr., Robert Farris–Olsen, Morrison, Sherwood, Wilson & Deola, PLLP, Helena, Montana, (Attorneys for the Humane Society of the United States).

Justice Laurie McKINNON delivered the Opinion of the Court.

¶ 1 Michael Chilinski appeals from his conviction and sentence in the Fifth Judicial District Court, Jefferson County, on 91 counts of animal cruelty. We affirm.

¶ 2 We restate the issues on appeal as follows:

¶ 3 1. Did the District Court err in denying Chilinski's motion to suppress?

¶ 4 2. Did the District Court abuse its discretion in limiting evidence to the time period of the charged offenses?

¶ 5 3. Did the District Court abuse its discretion in ordering the forfeiture of all of Chilinski's dogs?

BACKGROUND

¶ 6 In June 2011, Angelica Sarago reported to the Jefferson County Sheriff's Office (JCSO) that Chilinski's residence had a large Malamute breeding operation. Sarago reported that she had gone to the residence near Jefferson City to purchase a puppy and found that more than 100 dogs were in poor health and the kennels were in poor condition. Law enforcement investigating the call went to Chilinski's residence and observed the kennels were in poor condition. There was an extreme amount of feces (primarily diarrhea), the dogs were matted and ungroomed, there was little food, and the dogs did not have clean water. Further, there was a dead dog in one of the kennels. Law enforcement left the residence, instructing Chilinski to clean up the facility.

¶ 7 On September 15, 2011, JCSO received another report from Carole and Bill Peterson that Chilinski was neglecting his dogs. Chilinski had just sold the Petersons a Malamute puppy, which Bill Peterson testified was filthy and had a distended belly. Also, the puppy's hip bones and spine were visible through her fur. Peterson chose to purchase the puppy despite her unhealthy appearance because he “felt that if [they] did not purchase that dog that it would die.” A veterinarian diagnosed the puppy as malnourished, failing to thrive, and infected with various parasites.

¶ 8 Chilinski had bred Malamutes for many years, at first as a hobby and later as his primary occupation. Over the prior two years, JCSO had received similar reports from other concerned citizens. In 2009, Chilinski consented to an inspection of his kennels by a veterinarian sent by JCSO. Chilinski maintains that he passed this inspection, although such evidence is not in the record. In 2010, the Humane Society of the United States (HSUS) contacted JCSO about reports that HSUS had received concerning Chilinski's kennels. JCSO discussed with HSUS Chilinski's operation. HSUS informed JCSO that members of its organization would be available to assist with the situation if needed. As JCSO continued to receive complaints, Deputy Hildebrand visited Chilinski's property in both June and August 2011 to conduct further investigation. Hildebrand videotaped these visits.

¶ 9 In October 2011, Deputy McFadden applied for and obtained a warrant to search Chilinski's kennels and home. The search warrant was issued to McFadden and “any and all agents he may require.” The warrant described the evidence to be seized as including “any and all dogs, living or deceased, and unborn,” as well as “any and all records pertaining to dogs within the premises including veterinarian bills and records.” The warrant also authorized the State to microchip each animal for the sake of maintainingaccurate records and identification, “[d]ue to the extensive number of dogs that may be found.”

¶ 10 McFadden testified that JCSO did not have an animal control officer or sufficient staff to properly and safely execute the warrant, due to the large number of dogs which were potentially sick, injured, and aggressive. Accordingly, JCSO contacted HSUS for assistance and for input on the logistics of executing the warrant. After speaking with the county attorney, JCSO provided HSUS with the videos taken by Hildebrand in June and August 2011 of Hildebrand's visits to Chilinski's property so that HSUS might understand the nature and scope of the situation.

¶ 11 Following issuance of the warrant, JCSO and the county attorney conducted a meeting to organize the execution of the warrant and to seek assistance from several groups of volunteers. JCSO implemented protocols which were explained to the volunteers. The volunteers did not sign confidentiality agreements, but were advised by JCSO that they were assisting law enforcement and were expected to bring all evidence to a law enforcement officer. Volunteers were instructed to turn over any photographs or videos to the county attorney.

¶ 12 JCSO received assistance from law enforcement in neighboring jurisdictions, HSUS, local animal shelter volunteers, and two volunteer veterinarians. The veterinarians provided professional opinions about the health and welfare of the dogs, the conditions of the kennels, and whether proper food and water was available, and concluded that the kennels were not suitable for any of the dogs. Upon executing the warrant, law enforcement observed that the kennels were full of feces with no sign of food or fresh water, and many of the kennels were too small. Of the 139 dogs examined, 35 were extremely underweight, 49 were underweight, and 30 showed signs of malnourishment. Many of the dogs had visible scars or other injuries, including missing or damaged ears. Several required immediate veterinary attention for distended abdomens, ear and eye infections, and open wounds. The dogs were systematically removed to a controlled environment where they were fully examined to determine the extent of their illnesses and injuries. McFadden videotaped the property and kennels prior to any dog being seized, and he photographed each dog as it was being seized. Volunteers primarily assisted in the collection of the dogs. Other types of evidence—including cameras, paperwork, photographs, and a computer—were seized by law enforcement officers. Throughout the search, McFadden managed the volunteers by maintaining volunteer rosters, directing volunteers, and holding meetings to ensure everyone knew the proper procedures. JCSO seized 139 adult dogs and 23 puppies.

¶ 13 On October 18, 2011, Chilinski was charged with one misdemeanor count of cruelty to animals and 91 counts of felony cruelty to animals pursuant to § 45–8–211, MCA. Chilinski moved to suppress evidence obtained from the search on Fourth Amendment grounds, including: the warrant was not supported by sufficient and reliable facts; the warrant was overbroad; and the participation of volunteers was unconstitutional under Wilson v. Layne, 526 U.S. 603, 119 S.Ct. 1692, 143 L.Ed.2d 818 (1999). Chilinski also argued that JCSO violated his fundamental right to privacy under Article II, Section 10 of the Montana Constitution by impermissibly disseminating confidential criminal justice information in violation of § 44–5–303, MCA, and by allowing volunteers to aid in the execution of the warrant.

¶ 14 A two-day evidentiary hearing on Chilinski's motion was held. The District Court denied the motion to suppress, concluding that probable cause was well established. During the hearing, the State moved to exclude the presentation of evidence at trial regarding the condition of Chilinski's property and kennels prior to June 2011, the date of the first complaint. The District Court granted the State's request to limit evidence to the time period from June 2011 forward, unless Chilinski could establish relevance of the 2009 investigation. On the first day of trial, Chilinski consequently argued that he should be allowed to present evidence from the 2009 investigation, including the testimony of the veterinarian who inspected Chilinski's kennels at that time. Chilinski maintained that the evidence was relevant because it established “justification” for neglect in 2011, when he was facing financial difficulties and health issues, by comparing the condition of the kennels in 2009 when Chilinski was free of financial difficulty and health issues. The court denied Chilinski's motion, stating:

The only explanation that's provided here is that Defendant would like to present evidence about a time which is not relevant to the time period in which [these] offenses ... were charged. As I've explained here, the Court is unable to ascertain how it is that Mr. Chilinski's either good conduct or poor conduct at a previous time, that is, a time before 2011 and specifically before June 2011, would tell the jury any probative information about the condition of his kennels in June 2011 and later.

The District Court explained, however, that it would not limit Chilinski's ability to present evidence and argument that his economic and medical adversity provided the justification for the condition of the animals.

¶ 15 Chilinski was convicted by a jury of 91 counts of animal cruelty. The court sentenced Chilinski to the Department of Corrections for a total of 30 years with 25 years suspended, and imposed a prohibition on Chilinski's possessing any animals while on probation. The District Court also ordered the forfeiture of every seized dog, as well as the puppies born after the execution of the warrant.

STANDARDS OF REVIEW

¶ 16 In reviewing...