State v. Sheko, 2
| Decision Date | 25 April 1985 |
| Docket Number | CA-CR,No. 2,2 |
| Citation | 146 Ariz. 140,704 P.2d 270 |
| Parties | The STATE of Arizona, Appellee, v. John Paul SHEKO, Appellant. 3479. |
| Court | Arizona Court of Appeals |
Appellant John Paul Sheko was charged by indictment with one count of theft over $1,000 and one count of burglary in the third degree. After the court's denial of his motion to suppress, the parties agreed to a dismissal of count one with prejudice and submitted count two to the trial court on the basis of previously heard testimony and police reports. Sheko was convicted of burglary, and the court suspended sentence for three years, placing him on probation with a condition of six months time served in the county jail. Appellant Sheko urges reversal claiming the trial court erred in denying his motion to suppress. Specifically, Sheko argues the following:
1. The police lacked probable cause when they arrested him, and
2. He did not give a valid consent to a search of his person at the time.
We disagree and affirm.
We view the facts in the light most favorable to support the trial court's ruling on the motion to suppress. State v. Cook, 115 Ariz. 188, 564 P.2d 877 (1977); State v. Warren, 124 Ariz. 279, 603 P.2d 550 (App.1979). On June 12, 1983, at approximately 8:30 a.m. Officer Taylor of the Tucson Police Department went to the Home Plate Bar in response to a call about a burglary. When he arrived, he observed blood on the concertino wire fence surrounding the property and also on a wooden spool next to the fence and a plastic bucket on top of the spool. He followed the trail of blood to the southeast corner of the bar to an office door which had been pried open and the room ransacked, and then into the kitchen and bar area where two coin boxes had been forced open and approximately $2,000 in cash taken, a large amount of change and a number of cash register and vending machine keys. The burglary occurred sometime between 2:00 a.m. and 8:20 a.m.
Following an inquiry of Tucson area hospitals, Officer Taylor learned Sheko had been treated for a hand injury which required stitches at Arizona Medical Center at approximately 4:30 a.m. and that it was the only hospital reporting any similar injuries during the time in question. Officers Taylor and Mackin then went to Sheko's home, joined by Sergeant Hermes where they observed blood on the concrete slab outside the apartment and also on the dash board of a vehicle parked near the apartment. After getting no response to several knocks on the front door, Officer Taylor, who heard voices inside the house, announced his presence. Sheko's mother then answered the door and said he was not there. Officer Taylor told her he had heard her talk to someone and would she please have him come to the front door. She went back in, and a subject inside stated, Sheko then came to the front door wearing jeans and brown boots, both bloodstained, with his right hand bandaged past the wrist. Taylor asked him to step outside and immediately advised him of his Miranda rights, and Sheko indicated he understood them.
Officer Taylor began questioning Sheko, who denied knowing anything about the burglary and claimed he had injured his hand while jogging, pointing to otherwise clean jogging shoes. Officer Taylor then spoke to Sheko's mother, who said her relative owned the Home Plate Bar. Sheko's stepfather said he had taken Sheko to the hospital immediately after the injury, between 1:00 and 1:30 in the morning. Officer Taylor then spoke again with Sheko, who had remained outside during this time, and noticed large bulges in his front pockets. When asked about them, Sheko reached in and pulled out a cigarette lighter and later, a large amount of change, quarters and half dollars. Officer Taylor reached out to touch the bulge in Sheko's left pocket and felt something hard and slim. Thinking it might be a knife, he asked what it was. Sheko pulled out a large number of keys on several key chains and a pen knife and stated that he collected keys. Sheko's mother said that he had only a key to the house. Officer Taylor recognized the keys as those used to open vending machines and cash...
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State v. McKinney
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