State v. Hill

Citation130 P.3d 1
Decision Date17 March 2006
Docket NumberNo. 89,572.,89,572.
PartiesSTATE of Kansas, Appellee, v. Robert D. HILL, Appellant.
CourtUnited States State Supreme Court of Kansas

Korey A. Kaul, assistant appellate defender, argued the cause and was on the brief for appellant.

Bobby J. Hiebert, Jr., assistant county attorney, argued the cause, and Stacy Lynn Cunning, assistant county attorney, and Ellen H. Mitchell, county attorney, were on the brief for appellee.

The opinion of the court was delivered by LOCKETT, J.:

Robert D. Hill appeals his convictions of conspiracy to manufacture methamphetamine, manufacturing methamphetamine, and possession of ephedrine. Hill's convictions were previously affirmed by the Court of Appeals. This court granted Hill's petition for review to consider his claim that the trial court erred in denying his motion to suppress evidence obtained by the police after his arrest without probable cause. The decision of the Court of Appeals is affirmed on other grounds.

On July 19, 2000, officers from the Salina Police Department Drug Task Force collected the trash from the curb outside a house at 740 S. Tenth Street in Salina. In the trash, officers found a complete methamphetamine lab and mail addressed to Charles L. Grandpre. Officers preparing the search warrant for the house listed Grandpre and others in the affidavit for the search warrant.

While awaiting judicial authorization for the search warrant, Officer Hanus surveilled the house. Officer Hanus observed a man he later identified as Hill arrive at the house in a car driven by an unidentified woman. Hill, who was not listed in the application for the search warrant, entered the house, and the woman drove away. A few minutes later, a man Officer Hanus later identified as Charles Grandpre arrived at the house in a pickup registered to a Charles Grandpre.

Approximately an hour later, Grandpre exited the house, went next door, briefly talked with the neighbors, then retrieved the mail from the mailbox of the house to be searched and re-entered the house. A few minutes later, Grandpre and Hill left the house and drove away in Grandpre's truck. Hill was driving the truck.

When the two individuals drove away from the house, Officer Hanus was aware that a search warrant had been issued and other officers were in the process of preparing a search plan. As Hill drove away, Officer Hanus decided to follow the truck. Officer Hanus followed Hill to a convenience store where Hill parked and went inside. Grandpre remained in the truck. Officer Hanus did not stop Hill and Grandpre at the convenience store, because his back-up units had not arrived. When Hill left the convenience store and drove to another location, Officer Hanus followed the truck. At some point. Hill stopped the truck in the street and let Grandpre out.

Because he was concerned that the two would separate and get away, Officer Hanus exited his vehicle, drew his gun, ordered Hill out of the truck, and then commanded Hill and Grandpre to lie on the ground. Other officers immediately arrived on the scene. Officer Hanus instructed the other officers to handcuff Hill and Grandpre. The officers then searched Hill and Grandpre for weapons and contraband. No weapons or contraband were found on Hill. At Hill's request, an officer removed Hill's handcuffs.

Grandpre and Hill were separated. After giving Grandpre oral Miranda warnings, Officer Hanus first spoke to Grandpre. Grandpre identified Hill and advised Officer Hanus that Hill was his roommate. Officer Hanus then gave Hill the oral Miranda warnings and questioned Hill as to whether he lived at 740 S. Tenth Street. Hill denied that he lived at that address but admitted that he had slept there on the couch the previous night.

Officer Hanus then arrested Hill, placed the handcuffs back on Hill, and searched Hill incident to the arrest. Finding a set of keys in Hill's pocket, Officer Hanus removed the keys and asked Hill which key unlocked the front door of the house. Hill did not initially respond but later, due to Officer Hanus' persistent questioning, Hill showed the officer which key opened the front door of the house to be searched. Officers then transported Hill and Grandpre to the police station. Officer Hanus returned to the house at 740 S. Tenth Street, used the key taken from Hill to open the front door, and participated in the search.

Inside the house, officers detected a strong odor of ether, which is used in manufacturing methamphetamine, and found physical evidence that someone had been manufacturing methamphetamine in the house. The officers also found Hill's wallet and driver's license, some clothing with Hill's name on it, mail addressed to Hill at another address, and a wooden plaque with Hill's name on it. Officer Hanus then returned to the police station, where he again Mirandized Hill and Grandpre and then interviewed them separately.

Grandpre stated to Officer Hanus that Hill had been living in his house for approximately 2 weeks and that Hill's bedroom was in the basement. When questioned by Hanus, Hill denied living at 740 S. Tenth Street. Hill admitted that half of his property was in the house searched and the other half of his property was at a different address. Hill admitted to the officer that he used methamphetamine and that the previous night he had observed someone else making methamphetamine at 740 S. Tenth Street. Hill denied any involvement in manufacturing the methamphetamine.

The State prosecuted Hill and his codefendants, Grandpre, Darin Norris, Brian Schmidt, and Scott Cordell. Hill was charged with two counts of manufacturing methamphetamine, one count of conspiracy to manufacture methamphetamine, one count of possession of ephedrine or pseudoephedrine, and one count of being a felon in possession of a firearm. Subsequently Hill filed a motion to suppress his statements and the key found in his pocket. Hill did not contest the evidence obtained in the search pursuant to the warrant at 740 S. Tenth Street. The district judge found there was probable cause to support Hill's arrest and denied Hill's motion to suppress.

Hill then waived his right to a jury trial. The matter proceeded to a bench trial. Codefendants Grandpre and Norris testified against Hill. The judge found Hill guilty of two counts of manufacturing methamphetamine, conspiracy to manufacture methamphetamine, and possession of ephedrine or pseudoephedrine. The trial judge acquitted Hill, who had a prior felony conviction, of the charge for possession of a firearm that was found during the search of the house.

Hill appealed his convictions and his sentence to the Kansas Court of Appeals. The Court of Appeals affirmed Hill's convictions but reversed his sentences and remanded the matter to the district court for resentencing. State v. Hill, No. 89,572, 2005 WL 578478, unpublished opinion filed March 11, 2005. This court granted Hill's petition for review on the limited issue of whether the district court should have granted his motion to suppress evidence.

Hill unsuccessfully asserted to the district judge that he was arrested without probable cause when Officer Hanus ordered him to get out of the pickup at gunpoint, handcuffed him, frisked him, and interrogated him. Hill argued to the Court of Appeals that the trial court should have suppressed his statements to the police and the house key found in his pocket because they were obtained during an unreasonable search in violation of his Fourth Amendment rights.

When reviewing a defendant's request to suppress evidence, an appellate court reviews the factual underpinnings using a substantial competent evidence standard. However, the ultimate legal conclusion drawn from those facts is a question of law subject to de novo review. State v. Jones, 279 Kan. 71, 73, 106 P.3d 1 (2005). If the facts are undisputed, the question of whether evidence should have been suppressed is a question of law, and this court has unlimited review. State v. Ramirez, 278 Kan. 402, 404, 100 P.3d 94 (2004).

On appeal the State conceded that Hill's arrest was constitutionally infirm and then argued that, under the circumstances, the violation was harmless error. The Court of Appeals addressed Hill's underlying arrest and concluded that Officer Hanus had reasonable suspicion to support an investigatory detention which provided the probable cause for Hill's later arrest. Hill, slip op. at 10.

The Fourth Amendment to the United States Constitution and Section 15 of the Kansas Constitution Bill of Rights prohibit unreasonable searches and seizures. Ramirez, 278 Kan. at 404, 100 P.3d 94. A warrantless search is per se unreasonable unless it falls within a clearly recognized exception. A warrantless arrest in a public place does not violate the Fourth Amendment or the Kansas Constitution if the arrest is based on probable cause that the person has committed or is committing a felony. K.S.A.2004 Supp. 22-2401; Ramirez, 278 Kan. at 405, 100 P.3d 94. Hill asserts that he was arrested without a warrant or probable cause that he had committed or was committing a felony. Hill argues that under these circumstances, his arrest was unconstitutional and, therefore, his motion to suppress should have been granted and his conviction must be set aside.

Hill's Arrest

There are four types of police-citizen encounters. The first type is a voluntary encounter, which is not considered a seizure under the Fourth Amendment. Nickelson v. Kansas Dept. of Revenue, 33 Kan.App.2d 359, 362, 102 P.3d 490 (2004). The second type is an investigatory detention or Terry stop, in which an officer may detain any person in a public place if the officer reasonably suspects that the person is committing, has committed, or is about to commit a crime. K.S.A. 22-2402(1); see Terry v. Ohio, 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). During a Terry stop the officer is allowed to frisk the person seized for weapons if...

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