State v. Daggett

• Decision Date: 28 May 2019
• Docket Number: WD 81351
• Citation: 575 S.W.3d 799
• Parties: STATE of Missouri, Respondent, v. Leland Dwayne DAGGETT, Appellant.
• Court: Missouri Court of Appeals

575 S.W.3d 799

STATE of Missouri, Respondent,

v.Leland Dwayne DAGGETT, Appellant.

WD 81351

Missouri Court of Appeals, Western District.

OPINION FILED: May 28, 2019

Katharine Curry, Columbia, MO, Counsel for Appellant.

Shaun Mackelprang, Jefferson City, MO, Counsel for Respondent.

Before Division Two: Thomas N. Chapman, Presiding Judge, Mark D. Pfeiffer, and Cynthia L. Martin, Judges

Thomas N. Chapman, Presiding Judge

Summary

Leland Daggett (Daggett) appeals from his convictions, following a trial by jury before the Circuit Court of Henry County, Missouri. Daggett argues that the circuit court erred when it overruled his pretrial motion to suppress evidence, which included methamphetamine, drug paraphernalia, and firearms, seized from a garden in the vicinity of a home. Daggett contends that, while the warrant permitted a search of the home, it did not expressly authorize a search of a nearby garden; and, because the garden was not part of the dwelling’s curtilage, the search went beyond the scope of the search warrant. We affirm.

Facts & Procedure¹

In July of 2015, a detective of the St. Clair Sheriff’s Department met with a confidential informant who advised him about possible drug activity occurring at 4926 SE 401 Road, Osceola, Missouri. Leland Daggett was known to have been living on the property. On July 15, 2015, the police obtained a warrant to search Daggett’s residence.² The following day, police officers began surveilling the property at approximately 1:30 p.m. from a wooded area. The surveillance lasted four hours. During this time, officers observed various individuals coming and going from the residence and saw Daggett go to a garden located within 20-30 yards from the home "a few times."

Late in the afternoon, police observed a woman arrive at the premises. Daggett met with her for several minutes, went to his garden, and handed an item to the woman who placed it in her shirt or bra area. The exchange was consistent with a hand-to-hand drug transaction. Shortly thereafter, more police officers arrived to execute the search warrant.

Police made contact with Daggett and searched him. They found a bag in his pocket with the corners cut out of it³ and a white powdery substance that appeared to be methamphetamine. The police then searched Daggett’s garden after the surveillance team advised that Daggett had visited the garden multiple times. In the west side of the garden among some lower-lying vegetables, police found a black container that was partially buried in a "cubbyhole" and was covered by some loose hay. Inside the container, they found two digital scales, a spoon, two plastic bags, a playing card, and a large bag with 9.4 grams of crystal methamphetamine.

On the north side of the garden, among some corn plants, the officers spotted a loose pile of dirt that appeared to have recently been disturbed. They ran a metal detector over the top of the area, which signaled that there was something metal buried beneath. They unearthed a bucket with a .22 caliber revolver inside of it. The metal detector signaled again when the officers ran it over a different location in the garden (south of where they had found the black container). There they found a container that was partially submerged in another "cubbyhole" covered by some loose hay. Inside the container, the officers found a .38 Special revolver.

Daggett was subsequently charged as a prior and persistent drug offender⁴ with one count of attempted distribution of a controlled substance (a Class B felony) and two counts of unlawful possession of a firearm (a Class C felony). Daggett filed a motion to suppress the evidence seized as a result of the search, contending that the search exceeded the scope of the warrant and thus violated his rights under the Fourth Amendment. The circuit court denied the motion, "find[ing] that the garden in which the contested evidence was found and seized was within the curtilage of the residence."

Daggett was found guilty on all three counts and sentenced to ten years' imprisonment for each conviction to be served concurrently. He timely appeals.

Discussion

In his sole point on appeal, Daggett argues that the circuit court erred in denying his motion to suppress the evidence seized from the garden (and the photographs of such evidence) in that the officers' search of the garden was not authorized by the warrant and that the garden was not within the curtilage of the home.

Review of a trial court's decision to deny a motion to suppress is limited to a determination of whether there is substantial evidence to support the decision.... Deference is given to the trial court's factual findings and credibility determinations. The ruling will be reversed only if it is clearly erroneous. The trial court ruling is clearly erroneous if this court is left with a definite and firm belief a mistake has been made. Nevertheless, whether the trial court properly applied Fourth Amendment precepts must be considered.

State v. Cromer , 186 S.W.3d 333, 341 (Mo. App. W.D. 2005) (internal citations and quotation marks omitted). "Analysis of whether law enforcement conduct violates the Fourth Amendment is a legal issue that is reviewed de novo. " State v. Woodrome , 407 S.W.3d 702, 706 (Mo. App. W.D. 2013).

The State contends that, although the warrant did not expressly permit the officers to search the garden, the search was nevertheless authorized because the garden was within the curtilage of the home.⁵ The United States Supreme Court has defined the curtilage as "the area ‘immediately surrounding and associated with the home’ " and is regarded as " ‘part of the home itself for Fourth Amendment purposes.’ " Fla. v. Jardines , 569 U.S. 1, 6, 133 S. Ct. 1409, 1414, 185 L.Ed. 2d 495 (2013) (quoting Oliver v. United States , 466 U.S. 170, 180, 104 S.Ct. 1735, 80 L.Ed.2d 214 ). "This area around the home is ‘intimately linked to the home, both physically and psychologically,’ and is where ‘privacy expectations are most heightened.’ " Id. (quoting California v. Ciraolo , 476 U.S. 207, 213, 106 S.Ct. 1809, 90 L.Ed.2d 210 (1986) ). Similarly, Missouri courts define the curtilage " ‘as the enclosed space of ground and buildings immediately surrounding a dwelling house.’ " Missouri v. Pierce , 504 S.W.3d 766, 769 (Mo. App. E.D. 2016) (quoting State v. Edwards , 36 S.W.3d 22, 26 (Mo. App. W.D. 2000) ). "This ‘includes all outbuildings used in connection with the residence, such as garages, sheds, barns, yards, and lots connected with or in the close vicinity of the residence.’ " Id. at 769-70 (quoting State v. Berry , 92 S.W.3d 823, 829 (Mo. App. S.D. 2003) ).

"In effect, the curtilage concept creates an extension of the dwelling house. So if the dwelling is not subject to search, neither is the curtilage. By contrast, if a dwelling is subject to search, as by a warrant, then the curtilage may also be searched pursuant to the warrant, even if it is not specifically mentioned in the warrant." Woodrome , 407 S.W.3d at 708 (internal citations omitted). The question before the Court is whether a garden located within 20-30 yards of the dwelling is within the dwelling’s curtilage and, therefore, properly subject to search.

Missouri courts consider four factors when determining whether an area lies within the curtilage of the home:

Whether or not an area surrounding a dwelling is within the dwelling's "curtilage" is generally assessed on a case-by-case basis, weighing four factors: (1) the proximity of the area claimed to be curtilage to the home; (2) whether the area is within an enclosure surrounding the home; (3) the nature of the uses to which the area is put; and (4) steps taken to protect the area from observation by people passing by.

Edwards , 36 S.W.3d at 26 n.2.

With regard to the first factor, Missouri appellate courts have expressly declined to "address the question of how many feet away from a farm house constitutes the curtilage" as "such a standard would be unrealistic." State v. Fierge , 673 S.W.2d 855, 856 (Mo. App. E.D. 1984). However, in Missouri v. Pierce , the Eastern District of this Court held that a chicken coop located within 75-100 yards of the dwelling was within its curtilage. 504 S.W.3d at 770-72. The Court stated that in light of the "rural nature of [the defendant’s] property, totaling almost 4 acres, 100 yards is not a great distance ..." Id. Similarly, Daggett’s property was located on acreage within a rural area, and 20-30 yards is a substantially shorter distance than the 75-100 yards distance in Pierce . Id. The close vicinity of the garden to Daggett’s home supports the circuit court’s finding that the garden was within the curtilage. See, e.g., United States v. Breza , 308 F.3d 430, 436 (4th Cir. 2002) (noting "the fact that the entrance to [the defendant’s] garden was only 50 feet from his house would permit a conclusion that the garden was within the curtilage ..."); United States v. Reilly , 76 F.3d 1271, 1277 (2d Cir.), aff'd on reh'g , 91 F.3d 331 (2d Cir. 1996) ("On a large parcel of land, a pond 300 feet away from a dwelling may be as intimately connected to the residence as is the backyard grill of the bloke next door.").⁶

With regard to the second factor, neither the dwelling nor the garden was surrounded by an enclosure. Nevertheless, there was posted on a utility pole in front of the home a "NO TRESPASSING" sign, which "would ordinarily be understood to assert a privacy interest on the entire property." State v. Kruse , 306 S.W.3d 603, 611 (Mo. App. W.D. 2010) (emphasis added); see also Pierce , 504 S.W.3d at 771 (finding second factor weighed in favor of curtilage where the defendant "took a number of steps to demonstrate his expectation of privacy, including posting no trespassing signs at two driveways ..."). Thus, while the absence of an enclosure weighs against the circuit court’s finding of curtilage, we believe that it does so only slightly under the particular facts of this case.

The nature of the use ...