State v. Ellis

• Decision Date: 19 September 2013
• Docket Number: No. 39226.,39226.
• Citation: 314 P.3d 639,155 Idaho 584
• Court: Idaho Court of Appeals
• Parties: STATE of Idaho, Plaintiff–Respondent, v. Mark Lee ELLIS, Defendant–Appellant.

155 Idaho 584

314 P.3d 639

STATE of Idaho, Plaintiff–Respondent,

v.Mark Lee ELLIS, Defendant–Appellant.

No. 39226.

Court of Appeals of Idaho.

Sept. 19, 2013.

Review Denied Dec. 23, 2013.

Sara B. Thomas, State Appellate Public Defender; Shawn F. Wilkerson, Deputy Appellate Public Defender, Boise, for appellant. Shawn F. Wilkerson argued.

Hon. Lawrence G. Wasden, Attorney General; Nicole L. Schafer, Deputy Attorney General, Boise, for respondent. Nicole L. Shafer argued.

GRATTON, Judge.

Mark Lee Ellis appeals from his judgment of conviction, entered following his conditional plea of guilty to two counts of possession of sexually exploitative material, Idaho Code § 18–1507A. Specifically, Ellis challenges the district court's order denying his motion to suppress evidence. We affirm.

I.FACTUAL AND PROCEDURAL BACKGROUND

Ellis was released on parole in an unrelated matter. Although Ellis's parole agreement is not included in the record, it appears that the agreement included a condition wherein Ellis waived his Fourth Amendment right to be free from unreasonable searches. On March 17, 2010, Ellis was arrested on an agent's warrant for a parole violation. Approximately one week later, while Ellis was still incarcerated, an Idaho State Parole Commission Warrant (commission warrant) was issued and Ellis was again arrested. Thereafter, a neighbor contacted Ellis's parole officer and reported that Ellis asked her to enter his apartment and remove a methamphetamine pipe, drugs, DVDs, and cell phones that were located inside a secret room that could only be accessed using a knife or screwdriver.

The parole officer contacted Ellis's landlord and arranged to meet with him the next day. Upon meeting the landlord, the parole officer mentioned that the items were located in a secret room. The landlord explained that the secret room was actually a maintenance storage room on the porch outside of Ellis's apartment and that only the landlord and maintenance workers were supposed to access the room. The landlord also explained that the maintenance storage room had an exterior entrance from the porch and an interior access in Ellis's apartment, which did not have a door handle. The landlord and parole officer went to the exterior door on the porch and the landlord opened the door. After looking in, it was determined that the area had been "closed." The landlord went to his vehicle to retrieve a screwdriver while the parole officer waited for a police officer to arrive. After a police officer arrived, the landlord, parole officer, and police officer entered Ellis's apartment and opened the interior access of the maintenance storage room using a screwdriver. The officers discovered pornographic DVDs, drug paraphernalia, controlled substances, and cell phones inside the maintenance room. After searching one DVD, the parole officer noticed several file names consistent with child pornography. A detective reviewed two DVDs and found child pornography and a search warrant was obtained to conduct subsequent searches of the DVDs.

Ellis was charged with ten counts of possession of sexually exploitative material and a sentencing enhancement for a prior conviction of a registerable sex offense, Idaho Code § 19–2520G. Ellis filed a motion to suppress all the evidence obtained during the search of his apartment, which the district court denied. Ellis entered a conditional guilty plea in which he pled guilty to two counts of possession of sexually exploitative material, preserving his right to appeal the denial of his suppression motion. Ellis timely appeals.

II.ANALYSIS

Ellis claims that the district court erred by denying his motion to suppress evidence. Specifically, Ellis argues that the State violated his federal and state constitutional rights to be free from unreasonable searches and seizures when law enforcement entered his apartment without a warrant and subsequently discovered contraband in the maintenance storage room. The standard of review of a suppression motion is bifurcated. When a decision on a motion to suppress is challenged, we accept the trial court's findings of fact that are supported by substantial evidence, but we freely review the application of constitutional principles to the facts as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App.1996). At a suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts, weigh evidence, and draw factual inferences is vested in the trial court. State v. Valdez–Molina, 127 Idaho 102, 106, 897 P.2d 993, 997 (1995) ; State v. Schevers, 132 Idaho 786, 789, 979 P.2d 659, 662 (Ct.App.1999).

The Fourth Amendment to the United States Constitution prohibits unreasonable searches and seizures. Warrantless searches are presumed to be unreasonable and therefore violative of the Fourth Amendment. State v. Weaver, 127 Idaho 288, 290, 900 P.2d 196, 198 (1995). The State may overcome this presumption by demonstrating that a warrantless search either fell within a well-recognized exception to the warrant requirement or was otherwise reasonable under the circumstances. Id.¹

In the instant case, the district court denied Ellis's motion to suppress on the following grounds: (1) Ellis did not have standing to challenge the admission of evidence because he did not have a reasonable expectation of privacy in the maintenance storage room; (2) Ellis waived his Fourth Amendment right to be free from unreasonable searches pursuant to a parole agreement and the parole agreement was still in effect when law enforcement entered his apartment; (3) law enforcement had exigent circumstances to enter Ellis's apartment because he requested that a neighbor remove the items from the maintenance storage room; and (4) the landlord had authority to consent and did actively consent to a search of the maintenance storage room.

Ellis challenges each ground on appeal. Ellis claims that law enforcement's entry into his apartment provided him with standing to challenge the search of the maintenance storage room. We need not decide whether Ellis had standing. Even if he had standing, we conclude the search of the maintenance storage room was valid pursuant to Ellis's Fourth Amendment waiver in his parole agreement and reasonable suspicion. Therefore, we do not address this issue.

Next, Ellis claims that his arrest and incarceration suspended his Fourth Amendment waiver in his parole agreement.² Accordingly, Ellis claims that the officers could not enter his apartment pursuant to the Fourth Amendment waiver. Idaho Code § 20–228 explains the effects of the issuance of a warrant and a subsequent arrest of a parolee:

CONDITIONS OF PAROLE TO BE SPECIFIED IN WRITING—WARRANT FOR ARREST OF SUSPECTED VIOLATORS—EFFECT OF SUSPENSION AND ARREST. The commission for pardons and parole, in releasing a person on parole, shall specify in writing the conditions of parole, and a copy of such conditions shall be given to the person paroled. Whenever the commission finds that a parolee may have violated the conditions of parole, the written order of the commission, signed by a member or members of the commission or the executive director, shall be sufficient warrant for any law enforcement officer to take into custody such person, and it is hereby made the duty of all sheriffs, police, constables, parole and probation officers, prison officials and other peace officers, to execute such order. Such warrant shall serve to suspend the person's parole until a determination on the merits of the allegations of the violation has been made pursuant to a revocation hearing. From and after the issuance of the warrant and suspension of the parole of any convicted person and until arrest, the parolee shall be considered a fugitive from justice. Such person so recommitted must serve out the sentence, and the time during which such prisoner was out on parole shall not be deemed a part thereof; unless the commission, in its discretion, shall determine otherwise, but nothing herein contained shall prevent the commission from again paroling such prisoners at its discretion.

I.C. § 20–228 (emphasis added).

The district court found that Ellis's arrest did not terminate his Fourth Amendment waiver. The district court reasoned that the policy behind the Fourth Amendment waiver—to determine whether the parolee was truly rehabilitated and to determine the nature and extent of any prior violations—and the fact that Ellis had yet to have his parole revoked pursuant to a due process hearing, necessitated a finding that Ellis's custodial status did not terminate his waiver. Accordingly, the district court found that the officers' entry into Ellis's apartment was valid pursuant to Ellis's Fourth Amendment waiver.

On appeal, Ellis claims that the district court erred by finding that his parole agreement, including his Fourth Amendment waiver, was still in effect when law enforcement entered his apartment. Ellis argues that the issuance of his arrest warrant suspended his status as a parolee and his subsequent arrest removed him from being under the supervision of the parole officer.³ Therefore, Ellis argues that his arrest and incarceration, at least, "technically" terminated his parole agreement and his Fourth Amendment waiver.

Ellis points to State v. Fuller, 138 Idaho 60, 57 P.3d 771 (2002), for support. In that case, Fuller was released from parole in Oregon and transferred to Idaho. His parole agreement included a Fourth Amendment waiver. He violated his parole and Oregon issued an order suspending his parole. Subsequently, Fuller went to his Idaho parole officer for a scheduled appointment and the parole officer had him submit to a urinalysis. After Fuller tested positive for methamphetamine, the parole officer searched his vehicle and discovered drugs and paraphernalia. Fuller was arrested and charged with possession of methamphetamine. He filed a motion to suppress the evidence obtained from the search of his vehicle. The...