State v. Miller
| Decision Date | 04 June 2002 |
| Docket Number | No. 2077,2077 |
| Citation | 144 Md. App. 643,799 A.2d 462 |
| Parties | STATE of Maryland v. Christopher Lamor MILLER. |
| Court | Court of Special Appeals of Maryland |
Gary E. Bair, Assistant Attorney General and Edward J. Kelley, Staff Attorney (J. Joseph Curran, Jr., Attorney General, Baltimore, and Jack Johnson, State's Attorney for Prince George's County of Upper Marlboro, on the brief), for appellant.
Richard A. Finci and Judith M. Helfman (Houlon, Berman, Bergman, Cerullo, Finci & Levenstein LLC, on the brief), New Carrollton, for appellee.
Argued Before JAMES R. EYLER, GREENE, and LAWRENCE F. RODOWSKY, (Ret., specially assigned), JJ.
Christopher Lamor Miller, appellee, was charged in the Circuit Court for Prince George's County with possession of cocaine, possession of cocaine with intent to distribute, possession of marijuana, possession of marijuana with intent to distribute, and possession of a firearm during and in relation to a drug trafficking crime. Appellee moved to suppress the physical evidence that had been seized by the police, and the court granted the motion. The State noted an appeal to this Court.
Appellee, age 26, resided in his father's home, and the evidence was seized from appellee's bedroom, which was located in the basement. The issue before us is whether the consent to search given by his father was valid. We hold that the consent was valid, and consequently, we shall reverse the circuit court's ruling.
Sergeant Henry Norris testified to the following. At approximately 11:30 p.m. on June 7, 2001, he knocked on the door of 7909 25th Avenue in Adelphi, Maryland, to investigate a tip of drug activity, specifically, that someone was selling drugs out of the basement of the premises. Sergeant Norris was accompanied by Officer Paul Dougherty. Other officers were in the area, but they did not go to the door. The residence was owned by Rudolph Miller, who lived there with appellee, his son, and Joanna Miller, his daughter. Rudolph Miller answered the door, and the two officers went inside. Rudolph Miller called to Joanna and appellee, who were in their respective rooms, to join them. Appellee was in the basement in his bedroom. According to Sgt. Norris, he read the consent to search form out loud in the presence of all three of them, and Rudolph Miller consented to a search of the entire house, indicating that he disapproved of drugs and wanted any drugs found removed from his home. The officers were interested in searching only the basement. Joanna did not object to the search, but she advised her father not to sign the consent to search form. He refused to sign it. Appellee, according to Sgt. Norris, said "go ahead and check." After other officers entered, went to the basement, and returned with drugs, Joanna became upset and asked the officers to leave. Sgt. Norris testified that Rudolph Miller told her to keep quiet, and he renewed his consent.
Officer Dougherty testified to essentially the same matters as Sgt. Norris except he stated that, after learning from Rudolph Miller that appellee was in the house, it was he who called appellee to come upstairs, and he called more than once. He did not recall whether Sgt. Norris read the consent to search form before or after appellee came upstairs.
Officer Robert Brewer testified that he entered the residence after he had been informed that consent to search had been obtained. As he entered, appellee was coming up the stairs from the basement. Officer Brewer went to the basement, searched appellee's bedroom, and seized various items including marijuana sitting on top of a dresser. He testified that the bedroom door was open.
Rudolph Miller testified that appellee had resided with him since birth, without paying rent. Appellee's bedroom was in the basement. It had a lock on the door, as did other bedrooms in the house, although the door was generally unlocked. There was a back door entrance to the house which appellee used, at least some of the time. Rudolph Miller also stated that "we can go to the bedroom [appellee's] if we want to." Finally, this witness testified that the officers searched the basement and brought appellee upstairs before they requested consent and before they read the consent form to him. Rudolph Miller denied giving consent.
The court found that Rudolph Miller had voluntarily consented to a search of appellee's bedroom. The court further found that the State had not met its burden of establishing that appellee had consented to the search. The court then held that, under the factual circumstances presented, consent of Rudolph Miller was not valid, and because he was present in the house, consent of appellee was required.
As stated by the Court of Appeals in In re Tariq A-R-Y, 347 Md. 484, 488-89, 701 A.2d 691 (1997), the standard of review is as follows.
In reviewing the denial of a motion to suppress, we look only to the record of the suppression hearing and do not consider the evidence admitted at trial. Gamble v. State, 318 Md. 120, 125, 567 A.2d 95, 98 (1989); Herod v. State, 311 Md. 288, 290, 534 A.2d 362, 363 (1987); Trusty v. State, 308 Md. 658, 670, 521 A.2d 749, 755 (1987). We are further limited to considering only that evidence and the inferences therefrom that are most favorable to the prevailing party on the motion, in this instance ... [appellee]. Riddick v. State, 319 Md. 180, 183, 571 A.2d 1239, 1240 (1990); see also Simpler v. State, 318 Md. 311, 312, 568 A.2d 22, 22 (1990). In considering the evidence presented at the suppression hearing, we extend great deference to the fact-finding of the suppression hearing judge with respect to determining the credibility of witnesses and to weighing and determining first-level facts. Riddick, 319 Md. at 183,571 A.2d at 1240. When conflicting evidence is presented, we accept the facts as found by the hearing judge unless it is shown that those findings were clearly erroneous. Id. As to the ultimate conclusion of whether a search was valid, we must make our own independent constitutional appraisal by applying the law to the facts of the case. Id.
The circuit court's finding that Rudolph Miller consented to the search is not challenged on appeal. The circuit court's finding that appellee did not consent to the search is challenged by the State.
The evidence is equivocal as to whether appellee consented, and we shall accept the circuit court's finding. The sole issue, therefore, is whether Rudolph Miller's consent was valid.
The fourth amendment secures the reasonable expectation of privacy.1 Generally, a warrant is required to search a home. An exception is voluntary consent, see Schneckloth v. Bustamonte, 412 U.S. 218, 93 S.Ct. 2041, 36 L.Ed.2d 854 (1973), including under certain circumstances, third party consent. See Frazier v. Cupp, 394 U.S. 731, 89 S.Ct. 1420, 22 L.Ed.2d 684 (1969).
A third-party possessing common authority over or other sufficient relationship to the property sought to be searched may validly consent to a search resulting in the discovery of evidence to be used against another party. United States v. Matlock, 415 U.S. 164, 171, 94 S.Ct. 988, 39 L.Ed.2d 242 (1974). The rationale behind recognizing third-party consent when there is common authority or other sufficient relationship is that, under the particular facts presented, it is reasonable to recognize that one party may consent to the search in "his own right," and the parties assume such risk. Id. at 172 n. 7, 94 S.Ct. 988. See Tariq, 347 Md. at 492, 701 A.2d 691 (citing 3 W. LaFave, Search and Seizure section 8.3(a), at 720 (3rd ed.1996)).
Common authority is based on mutual use of the property by persons generally having joint access or control for most purposes. Matlock, 415 U.S. at 172 n. 7, 94 S.Ct. 988. The Matlock Court explained further:
In Matlock, a woman who shared a room with the defendant authorized a search that resulted in finding inculpatory evidence to be used against the defendant. The Court held that the woman possessed common authority through joint access or control of the room, and thus, her consent was not unreasonable and the evidence discovered was admissible against the defendant. Id. at 171-72, 94 S.Ct. 988.
Matlock is controlling in the instant case. The Court, in Matlock, expressly focused on the relationship between the consenting third party and the property to be searched. Subsequent to Matlock, some courts have limited their focus to that relationship.
[T]he relevant analysis in third-party consent cases focuses on the relationship between the consenter and the property searched, not the relationship between the consenter and the defendant. While the character of the relationship between the consenter and the defendant may bear on the nexus between the consenter and the property, it is not dispositive of the issue of effective consent.
United States v. McAlpine, 919 F.2d 1461, 1464 (10th Cir.1990).
In addition to the relationship between the third party and the property and, specifically, the third party's access to or control of the property to be searched and mutual use of the property, other factors have been considered by courts, either in their own right or as relevant to access, control, and use. Most notably, these include the relationship between the...
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