State v. Esguerra

• Decision Date: 20 December 1991
• Docket Number: No. 12373,12373
• Parties: STATE of New Mexico, Plaintiff-Appellee, v. Ricardo ESGUERRA, a/k/a Gary Richard Scholl, a/k/a Gary Richard Schull, a/k/a Frank Garcia, Defendant-Appellant.
• Court: Court of Appeals of New Mexico

Page 243

825 P.2d 243

113 N.M. 310

STATE of New Mexico, Plaintiff-Appellee, v. Ricardo ESGUERRA, a/k/a Gary Richard Scholl, a/k/a Gary Richard Schull, a/k/a Frank Garcia Defendant-Appellant.

No. 12373.

Court of Appeals of New Mexico.

Dec. 20, 1991.

[113 NM 311] Tom Udall, Atty. Gen., Gail MacQuesten, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Paul J. Kennedy, Albuquerque, for defendant-appellant.

OPINION

FLORES, Judge.

Esguerra (defendant) appeals his conviction for trafficking (by possession with intent to distribute) cocaine. Defendant pled guilty to the charge, expressly reserving his right to appeal the trial court's ruling denying his motions to suppress evidence. On appeal, he argues that the trial court erred in its determination that he lacked standing to challenge the search of his automobile, hotel room, and knapsack. We reverse the trial court's ruling that defendant lacked standing to challenge the search of his automobile and hotel room, and we affirm the trial court's ruling that defendant lacked standing to challenge the search of the knapsack. We remand for a hearing to determine whether the evidence obtained from defendant's automobile and hotel room is admissible. If the evidence is determined to be admissible, the trial court should re-enter its judgment and sentence. If, however, it is determined that the evidence in question is not admissible, defendant should be given the opportunity to withdraw his guilty plea.

Facts

Defendant, operating under several aliases including Gary Richard Scholl, Gary Richard Schull, and Frank Garcia, became a target of the Albuquerque Police Department Repeat Offender Project (ROP) in October 1988. On November 3, 1988, ROP detectives entered and searched defendant's apartment and vehicle. A search warrant had been issued and the affidavit in support of the warrant described defendant's apartment as follows:

The premises to be searched is [sic] Apartment #F at 5300 Eubank NE, Building # 6. The complex is located on the northwest corner of Eubank and Spain NE. Building # 6 is located in the northwest corner of the complex and is just east of Eubank NE. The apartment is located on the north side of the building and the apartment faces (door) to the west. The building is of wood and stucco construction with a pitched roof. The stucco is a beige color and the roof is dark brown. The apartment door has a white letter, approximately two inches high, "F".

The description quoted above is the only language contained in the "premises to be searched" portion of the affidavit for search warrant. Defendant's automobile was not included in the "premises to be searched" portion of the affidavit. Defendant's automobile was identified solely in the section of the affidavit setting forth the facts supporting issuance of the search warrant. In the last sentence of the affidavit, affiant requested that the search warrant be granted for "Esguerras' [sic] residence, curtilage and vehicle." During the search of defendant's apartment several items of contraband were found, including one-eighth to one-fourth ounce of cocaine, over $4500, a shotgun, cutting agent, packaging materials, and two triple beam scales. The ROP detectives then proceeded to search defendant's automobile located in the parking lot of the apartment complex. A loaded revolver was discovered under the dashboard of the driver's side of the automobile. Inspection of the trunk revealed a locked briefcase later found to contain $8428 and what was described as a "white, powdery substance." Defendant was absent during the search of his apartment and his automobile.

Four days after the search, on November 7, 1988, a confidential source informed ROP detectives that defendant had returned to his apartment. When detectives arrived, an unidentified bystander related that defendant had left the complex in an Albuquerque Yellow Cab. A phone call to Albuquerque Yellow Cab revealed defendant's destination as the Howard Johnson's Plaza Hotel located at 6000 Pan American N.E. Upon arrival at the hotel, detectives observed a person matching defendant's description entering the elevator. From a photograph, the desk clerk identified defendant as the man who had just checked into room 411. The detectives proceeded to room 411, knocked on the door, and identified themselves as the police. There was no answer. The hotel security guard then unlocked the door, and the detectives entered the room. Defendant was not in the room; however, the detectives observed a set of open glass doors leading to the balcony.

Surmising that defendant had "spider-manned" down from the balcony, Detective Lovato searched the immediate area surrounding the hotel and discovered a blue knapsack in the parking lot. The knapsack was opened and found to contain clothing and two square-shaped bundles tightly packed in brown plastic garbage bags. Detective Lovato then closed the knapsack and returned to the hotel to ask the desk clerk if defendant had arrived with any luggage. The clerk related that defendant had indeed been carrying a blue knapsack. A search warrant was then obtained for both room 411 and the knapsack, and a full search ensued. The search of the hotel room produced a suitcase containing clothing; identification cards in defendant's aliases of Lopez, Garcia, and Scholl; and a camera. A subsequent drug analysis of the contents of the bundles found in the knapsack showed they contained 2.005 kilograms of cocaine.

The record shows the existence of an outstanding felony warrant for defendant under the alias of Gary Scholl. The warrant, dated September 9, 1987, charged defendant with aggravated burglary, aggravated assault, conspiracy, and false imprisonment. On November 9, 1988, defendant was arrested pursuant to the outstanding felony warrant as well as for three counts of trafficking cocaine.

Standard of Review

The appropriate standard of appellate review of rulings on suppression motions is whether the law was correctly applied to the facts, viewing them in the manner most favorable to the prevailing party. All reasonable inferences in support of the court's decision will be indulged in and all inferences or evidence to the contrary will be disregarded. State v. Boeglin, 100 N.M. 127, 666 P.2d 1274 (Ct.App.1983). Under this standard, while we find that the trial court correctly applied the law to the facts regarding the knapsack, we find it failed to do the same with respect to defendant's automobile and hotel room.

Standing to Challenge Search of Automobile

Defendant challenges the trial court's ruling that he lacked standing to assert a fourth amendment claim against the search of his automobile. The state concedes that the trial court erred in its ruling. We agree.

The trial court based its ruling that defendant lacked standing to challenge this search by reference to his failure to satisfy the test set forth in Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). In Rakas, the Court found that the defendants lacked standing to object to the lawfulness of the search of the car in which they traveled because they conceded that they did not own the car or the evidence obtained therein. The Court held that absent this possessory interest, the defendants lacked legitimate expectations of privacy in the areas which were the subject of the search. Rakas v. Illinois, 439 U.S. at 148-49, 99 S.Ct. at 432-33. On issues involving challenges to searches and seizures, the term "standing" is often used interchangeably with the phrase "legitimate expectation of privacy." See State v. Waggoner, 97 N.M. 73, 636 P.2d 892 (Ct.App.1981). The question of legitimate expectation of privacy involves two inquiries: "(1) has the individual by his conduct exhibited an actual (subjective) expectation of privacy; and (2) is this individual's subjective expectation one that society is prepared to recognize as reasonable." State v. Clark, 105 N.M. 10, 727 P.2d 949 (Ct.App.1986) (citing Smith v. Maryland, 442 U.S. 735, 99 S.Ct. 2577, 61 L.Ed.2d 220 (1979)). It is generally recognized, however, that one who owns, controls, or lawfully possesses property thereby has a legitimate expectation of privacy in that property protected by the fourth amendment. Rakas v. Illinois, 439 U.S. at 143-44 n. 12, 99 S.Ct. at 430-31 n. 12; State v. Villanueva, 110 N.M. 359, 365, 796 P.2d 252, 258 (Ct.App.1990).

Unlike the defendants in Rakas, defendant's property interest in the automobile searched in this case was clearly established by undisputed evidence before the trial court in the form of police records. The record contains an affidavit stating that police checked the license plate with the National Crime Information Center, which revealed defendant as the registered owner of the automobile. We therefore conclude that defendant had the requisite legitimate expectation of privacy to assert a fourth amendment challenge to the search of his automobile by virtue of his status as its owner.

Standing to Challenge Search of Hotel Room

Defendant challenges the trial court's ruling denying him standing to assert a fourth amendment claim against the search of the hotel room. The state concedes that the trial court erred in its ruling. We agree.

A person's dwelling receives the highest degree of protection from unreasonable intrusion by the government and a defendant's standing to assert his rights with respect to his home is well established in our fourth amendment jurisprudence. See McDonald v. United States, 335 U.S. 451, 69 S.Ct. 191, 93 L.Ed. 153 (1948); State v. Clark. This court has held that a motel room is the equivalent of a dwelling for fourth amendment purposes. State v. Copeland, 105 N.M. 27, 31, 727 P.2d 1342, 1346 (Ct.App.1986) (citing Stoner v. California, 376 U.S. 483, 84 S.Ct. 889, 11 L.Ed.2d 856 (1964)). Evidence before the trial court unequivocally showed that defendant was the registered guest in room 411. As a registered guest, de...