State v. Mendez, 86,751

• Decision Date: 18 April 2003
• Docket Number: No. 86,751,86,751
• Citation: 275 Kan. 412,66 P.3d 811
• Parties: STATE OF KANSAS, Appellee, v. SAMUEL MENDEZ, Appellant.
• Court: Kansas Supreme Court

275 Kan. 412

66 P.3d 811

STATE OF KANSAS, Appellee, v. SAMUEL MENDEZ, Appellant.

No. 86,751

Supreme Court of Kansas

Opinion filed April 18, 2003.

Rick A. Kittel, assistant appellant defender, argued the cause and was on the brief for appellant.

Steven J. Obermeier, assistant district attorney, argued the cause, and Paul J. Morrison, district attorney, and Carla J. Stovall, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

LARSON, J.:

In this appeal from the denial of a motion to suppress, we are asked to extend the emergency doctrine to include public service actions by law enforcement officers leading to the discovery of marijuana after an uninvited entry into a residence while taking a 16-year-old boy home in early morning hours after his vehicle had become disabled on Interstate 35 in Johnson County, Kansas. The facts are not in dispute but are critical to our decision and will be set forth in detail as developed by several different hearings in the case.

It was approximately 1:45 a.m. when Lenexa Police Department Officers Owsley and Schmitz came upon a vehicle with its emergency lights flashing, partially blocking one lane of Interstate 35. The driver was 16-year-old Roberto Mendez, who spoke in broken English. Roberto was on his way to where he was staying after working at a restaurant owned by his brother Israel. He could not provide proof of insurance, and the license plate on the vehicle had expired.

The officers attempted to assist Roberto via their dispatcher in contacting a family member or friend who would assist him. These attempts were not successful. The car was not operational, and arrangements were made to have it towed with Roberto's consent. Without success in the attempts to have someone pick Roberto up, the officers took him to the Lenexa police station where they arrived at approximately 2:20 a.m. Roberto called from the station for someone to take him home but was unable to contact anybody.

Roberto told the officers that he lived in Kansas City, Missouri, with his father who was out of town, so he was staying with an older brother at his apartment. He indicated that his mother lived in the apartment as well. Roberto did not know the address but said the apartment was located behind Blue Valley Northwest High School. The officers decided to take Roberto home.

Roberto gave the officers directions, and they arrived at Bradford Pointe Apartments in the neighboring city of Overland Park. It was a closed-gate community, and Roberto was unable to give the officers the security code to open the gate. A phone number at the gate was relayed to the Lenexa dispatcher who was unable to contact anyone at that number or at Roberto's father in Kansas City, Missouri.

While the officers were communicating with the Lenexa dispatcher, another vehicle arrived and allowed the patrol car to follow it through the gate. Roberto gave the officers directions to the apartment and pointed out his brother's white Lincoln. The officers determined the car was registered to Samuel Mendez. Owsley testified they walked Roberto to the apartment because they were not sure if he actually lived there. They were also aware there had been no responses from the repeated attempts to contact anyone to assist Roberto. Roberto walked directly to apartment number 3 without any apparent hesitation.

When Roberto reached the apartment, he tapped on the apartment window. Unsuccessful with this, he looked under the floor mat for the house key that Samuel usually left for him. When Roberto turned the handle and pushed the door, he discovered it was unlocked. Roberto pushed open the door and stepped inside. He said, "Sammy, the police are here," as he slightly opened the door.

The officers had not knocked on the door, announced their presence, or made any inquiry as to who lived in the apartment. They simply followed Roberto into the darkened apartment. Owsley admitted that no crime had been committed in his view as he was standing outside the apartment door. He testified that from his vantage point outside the door he did not observe any contraband in plain view when Roberto opened the door. The officers said they did not believe there was any criminal activity going on inside the apartment. The officers did not ask anyone for consent to enter the apartment. They were not invited into the apartment. Owsley testified that the officers "just didn't want to drop off a 16-year-old somewhere where he may not belong."

After entering the apartment, the officers observed a man and woman lying on the floor under a blanket and smelled the odor of marijuana. The man rose to meet the officers and identified himself as Samuel Mendez. While Schmitz talked to Samuel, Owsley looked around the dimly lit room with the aid of his flashlight. He observed a "wad" of money on an entertainment center and a small quantity of marijuana inside a purse on the floor by his feet.

After observing the marijuana, Owsley wished to contact the Overland Park Police Department and asked Samuel for the address. While returning from the kitchen with the address, Samuel partially closed a closet door. This attracted the officers' attention, and they looked inside the closet finding more marijuana. The Overland Park police were called. Samuel was arrested when they arrived. Schmitz and Owsley did not participate in the arrest or interviews but did assist with Overland Park officers obtaining a search warrant, resulting in the officers finding a triple beam scale and food sealer in the kitchen as well as four wheels in the garage with metal brackets soldered to the interior of the rims and additional marijuana.

Samuel was charged with possession of marijuana with intent to sell and possession of marijuana with no drug tax stamp affixed.

Samuel challenged the Lenexa police officers' entry into his residence as a violation of his constitutional rights under the Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights. The trial judge ruled the entry into Samuel's apartment was not a violation of his constitutional rights and denied the motion to suppress the evidence obtained after the officers entered Samuel's residence.

The suppression issue was preserved by objections at trial, where Samuel was found guilty as charged. Samuel appealed.

The Court of Appeals affirmed the trial court's denial of Samuel's motion to suppress the evidence obtained after the officers warrantless entry and subsequent search. The majority found the Lenexa officers were validly exercising their powers as law enforcement officers in returning a teenager to his home in Overland Park in the middle of the night because their actions fell within the spirit of K.S.A. 2002 Supp. 22-2401a(4) and (6). The majority further found the entry into the Overland Park apartment was authorized under the emergency doctrine exception to the Fourth Amendment search warrant requirement.

The dissenting Court of Appeals' judge concluded the evidence was illegally obtained because the officers were acting outside their jurisdiction under the plain language of K.S.A. 2002 Supp. 22-2401a and their entrance into Samuel's apartment was not factually justified by the application of the emergency doctrine exception. We granted Samuel's petition for review.

Samuel raises the same two issues on appeal that were presented to the Court of Appeals. He first argues it was reversible error to allow evidence illegally obtained outside the Lenexa officers' jurisdiction pursuant to K.S.A. 2002 Supp. 22-2401a to be introduced at trial. He further contends that notwithstanding the officers lack of jurisdiction, they illegally entered his home without a valid search warrant, consent, exigent circumstances, or in accordance with the emergency exception to the warrant requirements of the Fourth Amendment to the United States Constitution and § 15 of the Kansas Constitution Bill of Rights.

Our standard of review for suppression hearings was set forth in State v. Alvidrez, 271 Kan. 143, 145, 20 P.3d 1264 (2001), where it was said:

"When reviewing a motion to suppress evidence, an appellate court reviews the factual underpinnings of a district court's decision `"by a substantial competent evidence standard and the ultimate legal conclusion drawn from those facts by a de novo standard. An appellate court does not reweigh the evidence. The ultimate determination of the suppression of evidence is a legal question requiring independent appellate review."' [Citations omitted.]"

It has further been said that "[w]hen the facts material to a decision of the court on a motion to suppress evidence are not in dispute, the question of whether to suppress is a question of law over which this court has unlimited review. [Citation omitted.]" State v. Jones, 270 Kan. 526, 527, 17 P.3d 359 (2001). The facts in this case are not in dispute.

Finally, because the interpretation of the provisions of a statute is involved in the first issue, this is a question of law over which our court's review is unlimited. State v. Engles, 270 Kan. 530, 532, 17 P.3d 355 (2001).

In framing his first issue, Samuel admits in his petition for review that he is not claiming it was improper for the officers to drive Roberto home. It is their entry into his apartment which he objects to. He contends the Court of Appeals majority's characterization of the Lenexa officers' actions as "informal" is incorrect and ignores the statutory limits of Johnson County law enforcement officers. Samuel argues that the entry of the Lenexa officers into his apartment was investigatory.

The Court of Appeals dissent stated: "When Roberto entered the apartment, that should have been the end of the officers' involvement." The Court of Appeals majority stated: "The officers' role in returning Roberto to the apartment was an informal one. Owsley testified the officers were not doing so...