State v. Hansen

• Decision Date: 01 May 2003
• Docket Number: No. 28223.,28223.
• Citation: 138 Idaho 791,69 P.3d 1052
• Parties: STATE of Idaho, Plaintiff-Respondent, v. Timothy HANSEN, Defendant-Appellant.
• Court: Idaho Supreme Court

69 P.3d 1052

138 Idaho 791

STATE of Idaho, Plaintiff-Respondent, v. Timothy HANSEN, Defendant-Appellant.

No. 28223.

Supreme Court of Idaho. Boise, February 2003 Term.

May 1, 2003.

Molly J. Huskey, State Appellate Public Defender, Boise, for appellant. Paul S. Sonenberg argued.

Hon. Lawrence G. Wasden, Idaho Attorney General, Boise, for respondent. Lori A. Fleming argued.

KIDWELL, Justice.

Timothy Hansen (Hansen) appeals the district court's denial of his motion to suppress. He also appeals from his unified sentence of fifteen years for conspiracy to traffic in methamphetamine (meth) by manufacture and the district court's subsequent denial of his motion for reduction of sentence. The judgment of the district court is affirmed.

I. FACTS AND PROCEDURAL BACKGROUND

On June 7, 2001, the Idaho State Police (ISP), based on a tip regarding a meth lab, performed surveillance at 7695 Pocatello Creek, Bannock County, Idaho. The police officers witnessed Hansen leave 7695 Pocatello Creek, where he lived in a bus parked next to the main residence. At approximately 2:05 p.m., the officers initiated a felony stop based on a felony arrest warrant issued by Box Elder County, Utah, and the fact that Hansen was driving without privileges (DWP). The ISP pulled Hansen over with a marked police car and ordered him out of his vehicle. The ISP arrested Hansen at gunpoint without incident, handcuffed him, and placed him in the back of the patrol car.

After placing Hansen in the patrol car, Detective-Sergeant John Ganske (Ganske) advised Hansen that the ISP received information that a meth lab was in operation at 7695 Pocatello Creek. Ganske asked Hansen if he knew anything about a meth lab. Hansen denied any knowledge of a meth lab. Ganske replied: "[i]f there's no meth lab at your house, then why don't we clear this up, you can escort us up to your house and you can walk us through and show us that there's no meth lab at the house." Hansen refused Ganske's offer to "clear this up" unless Ganske agreed to meet some of Hansen's demands in exchange for his cooperation. Ganske advised Hansen that he had no control over the Utah warrant and that the DWP charge was the only charge he could help Hansen with, but only if Hansen agreed to cooperate. Hansen declined to cooperate, stating he did not want to snitch. Ganske advised Hansen that Ganske did not care whether Hansen went to jail, but if Hansen wanted to cooperate, the police would be glad to cooperate with him. Ganske then left Hansen alone in the back of the patrol car for an undetermined time, but less than fifty minutes, while he searched Hansen's vehicle.

After conducting an inventory search of Hansen's vehicle, Ganske returned to the patrol car to ask Hansen if he wanted any particular tow company to tow his vehicle. Hansen asked that the ISP not tow his vehicle. Hansen then initiated a conversation with Ganske regarding possible conditions for his cooperation in exchange for allowing the ISP to search his residence. Based on the terms demanded by Hansen, the ISP agreed to drive his vehicle back to his residence rather than tow it, to contact the Utah authorities regarding the felony warrant so Hansen could arrange to turn himself in, and to not file DWP charges. In exchange, Hansen consented to a search of his residence.

Three ISP officers escorted Hansen back to his residence. Upon arriving at Hansen's home, he was asked to sign an ISP permission to search form. The form was signed at approximately 2:55 p.m., fifty minutes after Hansen was stopped. The pre-printed paragraph just above Hansen's signature stated, "I am giving this written permission to these officers freely and voluntarily, without any threats or promises having been made, and after having been informed by said officer that I have the right to refuse this search and/or seizure." Ganske also signed the permission to search form.

Hansen placed limitations on his consent to search. He advised the officers that a Jerry Windle (Windle) owned the home at 7695 Pocatello Creek and Hansen was staying in a bus parked on Windle's property. Hansen told the officers they could not search Windle's home or any of the other structures on the property because he did not own them. Hansen told the officers he would walk them through the bus, but they could not search his personal belongings or "tear things up." He told the officers they could only look for things in plain sight. Officer Ganske advised Hansen that he could withdraw his consent at any time during the search.

Detective John Kempf (Kempf), a narcotics investigator, accompanied Ganske in the search of Hansen's bus. Kempf testified at trial that one of the first things he observed was a meth pipe with a brownish white residue, typical of meth use. Kempf also saw a digital scale and small zip lock bags, paraphernalia associated with meth production. The officers also noticed several items outside of Hansen's bus that indicated meth production. Kempf saw an Igloo cooler that appeared to be a homemade condenser. Kempf also saw a box containing Pyrex glassware, a Tupperware container with red phosphorus inside it, and a gallon container of iodine. Most of the glassware had iodine stains and some of the Pyrex pans contained a white, cakey substance associated with meth production.

Based on his observations, Kempf concluded that meth had been produced at 7695 Pocatello Creek. With this information, the ISP obtained a warrant to search the entire premises. The ISP found a meth lab inside the residence. On October 3, 2001, Hansen was charged, by information, with conspiracy to traffic in methamphetamine by manufacture pursuant to Idaho Code §§ 37-2732B(a)(3) and 37-2732(f).

Hansen filed a motion to suppress all evidence obtained during the warrantless search and the subsequent search with a warrant on the ground his consent was given under duress. After an evidentiary hearing, the district court denied his motion to suppress.

On December 20, 2001, a jury found Hansen guilty of trafficking in methamphetamine by manufacture. On January 16, 2002, the district court entered judgment on the jury's verdict, imposing a unified sentence of fifteen years, with five years fixed and ten years indeterminate. On April 3, 2002, Hansen filed a motion for reduction of the sentence, which the district court denied. Hansen timely filed this appeal.

II. STANDARD OF REVIEW

When reviewing an order to grant or deny a motion to suppress evidence, this Court accepts the district court's factual findings, unless clearly erroneous. State v. McCall, 135 Idaho 885, 886, 26 P.3d 1222, 1223 (2001). However, this Court exercises free review over the district court's conclusions as to whether, based on the facts of the case, the search and seizure was constitutional. Id.

The standard of review for a claim that a sentence is excessive and a motion for reduction of sentence is essentially the same. State v. Burnight, 132 Idaho 654, 660, 978 P.2d 214, 220 (1999). In determining whether a sentence is excessive, this Court focuses on whether the district court abused its discretion. Id. Likewise, this Court reviews the district court's decision to deny a motion for reduction of sentence for an abuse of discretion. Id.

III. ANALYSIS

A. The District Court Did Not Err When It Denied Hansen's Motion To Suppress.

Hansen argues he was subjected to custodial interrogation without the benefit of Miranda warnings and, therefore, consent to search his home was coerced. In light of Dickerson v. United States, 530 U.S. 428, 120 S.Ct. 2326, 147 L.Ed.2d 405 (2000) (declaring Miranda a constitutional right), Hansen urges this Court to follow those courts that suppress physical evidence derived from a Miranda violation under the fruit of the poisonous tree doctrine.

The State argues Miranda has no application because Hansen was not subjected to interrogation and he voluntarily consented to a search of his bus. The State also argues, even if Hansen's consent was invalid, he failed to provide any evidence that the allegedly invalid consent contributed to obtaining the subsequent warrant or that there was not probable cause to obtain the subsequent warrant. As a result, the State argues the evidence seized pursuant to the warrant is not subject to suppression.

1. Hansen's consent was not obtained in violation of Miranda.

Miranda v. Arizona requires that a person be informed of his or her Fifth Amendment privilege against self-incrimination prior to custodial interrogation; otherwise, incriminating statements are inadmissible. State v. Doe, 137 Idaho 519, 523, 50 P.3d 1014, 1018 (2002). A person is in custody whenever subjected to a restraint on his or her liberty in any degree similar to a formal arrest. State v. Doe, 130 Idaho 811, 814, 948 P.2d 166, 169 (Ct.App.1997) (citing New York v. Quarles, 467 U.S. 649, 655, 104 S.Ct. 2626, 2631, 81 L.Ed.2d 550, 556 (1984); California v. Beheler, 463 U.S. 1121, 103 S.Ct. 3517, 77 L.Ed.2d 1275 (1983)). A person is interrogated whenever subjected to express questioning or its functional equivalent, i.e. anything reasonably likely to elicit an incriminating response. State v. Frank, 133 Idaho 364, 370, 986 P.2d 1030, 1036 (Ct.App.1999) (quoting Rhode Island v. Innis, 446 U.S. 291, 300-02, 100 S.Ct. 1682, 1689-90, 64 L.Ed.2d 297, 307-09 (1980)).

In this case, Hansen was in custody. He was arrested at gunpoint in the course of a felony stop. He was handcuffed and placed in the back of a patrol car. However, Hansen was not subjected to interrogation when he consented to the search of the bus where he was living. When first arrested, Ganske asked Hansen about a meth lab in his home, which Hansen denied. Hansen also rejected Ganske and Kempf's request to consent to a search at that time. The officers then stopped interrogating Hansen and left him alone in the back of the patrol car.

After conducting an inventory search of Hansen's vehicle, Ganske returned to the...