U.S. v. Bautista

• Decision Date: 26 March 2004
• Docket Number: No. 02-50664.,02-50664.
• Citation: 362 F.3d 584
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Kevin Joseph BAUTISTA, Defendant-Appellant.
• Court: U.S. Court of Appeals — Ninth Circuit

362 F.3d 584

UNITED STATES of America, Plaintiff-Appellee, v. Kevin Joseph BAUTISTA, Defendant-Appellant.

No. 02-50664.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted October 9, 2003.

Filed March 26, 2004.

Timothy A. Scott, Federal Defenders of San Diego, Inc., San Diego, CA, for the defendant-appellant.

Carol C. Lam, United States Attorney, Mark A. Inciong, Assistant United States Attorney, United States Attorney's Office, San Diego, CA, for the plaintiff-appellee.

Appeal from the United States District Court for the Southern District of California Napoleon A. Jones, District Judge, Presiding. D.C. No. CR-02-01305-NAJ.

Before: REINHARDT, FERNANDEZ, and RAWLINSON, Circuit Judges.

RAWLINSON, Circuit Judge.

Using only a personal computer, ordinary software, and a color ink jet printer, Kevin Bautista manufactured approximately $7,000 in counterfeit currency while staying in room # 332 of the Good Nite Inn in San Diego, California. It was not Bautista's counterfeiting operation that led the police to his motel room, however. It was the credit card used to reserve the room. Upon being informed that the card was stolen, the motel's manager called the San Diego Police, who searched Bautista's room with the ostensible consent of Bautista's wife. The search led to the discovery of Bautista's computer software as well as partially printed federal reserve notes, several counterfeit bills, and additional papers with counterfeited watermarks and security bands. Bautista was apprehended away from the motel. As a result of police questioning, Bautista gave a full and detailed confession.

Bautista was indicted for manufacturing counterfeit currency, in violation of 18 U.S.C. § 471. He filed a motion to suppress the evidence obtained during the search of his motel room and the statements he made while in custody. Both motions were denied and Bautista entered a conditional guilty plea, preserving the two issues for appeal.

We must now determine whether a registered occupant of a motel room retains a legitimate expectation of privacy in the face of an unconfirmed report that a stolen credit card number was used to reserve the room. If so, the police officer's entry into the motel room was a warrantless intrusion, unsupported by probable cause, which was not salvaged by Mrs. Bautista's subsequent consent to entry. We must also address Bautista's contention that his confession, although preceded by Miranda warnings, was nevertheless involuntary.

Having considered our admittedly scant precedent, we conclude that, because Bautista was not evicted from his motel room by the manager, he retained a legitimate expectation of privacy at the time of the warrantless entry by the police. Because the entry was not supported by probable cause, Mrs. Bautista's consent to the entry did not remedy the Fourth Amendment violation. Accordingly, we vacate the district court's denial of Bautista's motion to suppress the evidence obtained during the search of the motel room, and remand for further proceedings.

Because it was not clearly erroneous for the district court to determine that Bautista's testimony was not credible, the custodial questioning of Bautista does not raise a legitimate specter of involuntariness. Therefore, we affirm the district court's denial of Bautista's motion to suppress the statements he made while in custody.

I. BACKGROUND

A. Motel Room Search

On April 29, 2002, Room # 332 of the Good Nite Inn in San Diego, California was reserved in Bautista's name. The reservation, made through www.lodging.com with a Visa credit card, was for six nights and listed Bautista as the sole guest. Bautista checked into the room that same day.

A few days later, a representative from www.lodging.com called the motel manager, and informed her that the credit card used to make Bautista's reservation was stolen, with the owner of the card disputing the charges. The manager called the San Diego Police Department, and Officers Novasky and Thomas responded. When the officers arrived, the manager gave them Bautista's registration information and showed them, on a site map, the location of room # 332.¹ This was the first time the manager had been confronted with a stolen credit card number used to make a room reservation. Her "intent was for the police to find out what was going on with Mr. Bautista and the credit card." If Bautista could not "explain the credit card situation" to the manager's satisfaction, she was prepared to have the police "evict him unless[she] could make other payment arrangements with him." The manager was aware that, when faced with guests who stayed past checkout time, the motel would first call the guest and attempt to negotiate payment before resorting to eviction. Applying the motel's existing policy to this new situation, the manager asked the police to investigate the matter, rather than to evict Bautista.

By the time the police arrived, Bautista's car was no longer in the parking lot, and it appeared that he had left. However, the manager learned from a motel housekeeper that a woman was in Bautista's room. The manager gave the officers a "100 key." According to the manager, a "100 key" is a pass key that "would allow [the police] to enter any outside building doors of the motel" but "would not allow them to open any of the guest rooms including room # 332."²

The officers made their way to room # 332 and knocked on the door. A female voice asked, "Who is it?" The officers identified themselves; told the woman that they needed to speak with her; and requested that she open the door. Rather than open the door, the woman again inquired who was at the door. The officers identified themselves a second time. Again, no one opened the door. Officer Novasky then inserted the pass key provided by the manager. Although Officer Novasky inserted the key and the key, in fact, unlocked the door, it was Mrs. Bautista who actually opened the door to the room.³

When the door opened, Mrs. Bautista said nothing. Indeed, although Officer Novasky asked for her name, she simply stood there, seemingly frozen, and neither responded to the officers nor invited them inside the room. Officer Novasky tried again, asking the woman who was in the room; asking for her name; and telling her about the stolen credit card report. The woman then identified herself as Tracy Bautista. Although Mrs. Bautista did not attempt to close the door on the officers, she did back up, which forced Officer Novasky to place a foot on the edge of the door to hold it open. Before the officers asked Mrs. Bautista if they could enter the room, she told them to "come in," at the same time as she backed away from the door.

Once inside the room, both officers stood in full uniform, their guns visible on their hips, while Mrs. Bautista sat on the bed. Two children, a four-year old and an eighteen-month old, were also in the room. Officer Novaksy espied a computer on a desk — with the user name "money" on the screen — and a backpack under the desk. No counterfeit money or contraband was in plain view. Officer Thomas asked Mrs. Bautista if they could search the room for illegal drugs or other contraband, and she answered: "Yes, go ahead."

Inspection of the room revealed a computer software CD labeled "Kev's $", several partially printed bills in the printer feed tray, several counterfeit $20 and $50 bills, and additional papers with counterfeited watermarks and security bands. Mrs. Bautista told the officers that their essentially homeless family had run out of money, and a man named "Ray" reserved the room at the Good Nite Inn for them.⁴ The police were subsequently able to locate and apprehend Bautista. When arrested, Bautista had $340 in counterfeit currency in his possession.

B. Bautista's Confession

Bautista was questioned by Secret Service agents in a police station interview room. Neither agent was armed and Bautista's handcuffs were removed. Both agents were aware that Mrs. Bautista was en route to the police station and that the couple had two small children. According to Bautista, the agents began by stating: "If you want to ... let us know what happened, now is the time to tell us because, if you don't do it now, we don't know where it's going to go and what will happen to you and your family." The agents told Bautista that his wife could go to Las Colinas and his children to Polinsky if Bautista did not let them know what was going on.⁵ Bautista perceived the agents' remarks as threats, and only agreed to speak with the agents to protect his family. The agents read Bautista his Miranda rights, which Bautista waived before giving detailed oral and written confessions. The interview lasted approximately twenty to twenty-five minutes.

The agents dispute Bautista's account of the interview. According to them, Bautista was cooperative and "more than willing" to volunteer information without being asked. The agents insisted that they did not make any threats or promises during the interview. They also testified that it was Bautista, not they, who first introduced his wife's name into the conversation and that he did so to exculpate her as quickly as possible.

C. District Court Proceedings

The government filed an indictment charging Bautista with "manufacturing counterfeit obligations" in violation of 18 U.S.C. § 471. Bautista filed a motion to suppress the evidence obtained during the search of his motel room and to suppress his confessions. After the district court denied the motion, Bautista entered a conditional guilty plea that allowed him to appeal the district court's denial of his motion to suppress. Following sentencing, Bautista filed a timely notice of appeal, over which we have jurisdiction pursuant to 28 U.S.C. § 1291.

II. STANDARDS OF REVIEW

A district court's denial of a motion to suppress evidence is reviewed de novo. See United States v. Silva, 247 F.3d 1051, 1054 (9th Cir.2001). Whether or not an...