U.S. v. Rhiger

• Decision Date: 14 January 2003
• Docket Number: No. 01-2246.,01-2246.
• Citation: 315 F.3d 1283
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Joel Dean RHIGER, Defendant-Appellant.
• Court: U.S. Court of Appeals — Tenth Circuit

315 F.3d 1283

UNITED STATES of America, Plaintiff-Appellee, v. Joel Dean RHIGER, Defendant-Appellant.

No. 01-2246.

United States Court of Appeals, Tenth Circuit.

January 14, 2003.

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Benjamin A. Gonzales, Assistant Federal Public Defender, Albuquerque, NM, for Defendant-Appellant.

David N. Williams, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.

Before SEYMOUR, BALDOCK and BRISCOE, Circuit Judges.

SEYMOUR, Circuit Judge.

Joel Rhiger appeals his conviction for conspiring to manufacture methamphetamine in violation of 21 U.S.C. § 846 and for possessing methamphetamine with intent to distribute in violation of 21 U.S.C. § 841(a)(1). We affirm.

I

Prior to Mr. Rhiger's arrest, federal drug agents observed him driving Carl Baker and another companion to several locations where Mr. Baker and the companion bought materials used to manufacture methamphetamine. Agents also learned that less than a week earlier, Mr. Rhiger had purchased ingredients used to make methamphetamine. The agents then tracked Mr. Rhiger and Mr. Baker to the home of Randy Brown, where they observed the two men entering the residence with the purchased materials. After watching the home for an hour, the federal agents detected the smell of cooking methamphetamine. Fearing an active methamphetamine lab was in the residence and could explode, the agents entered the home without a warrant. They found an active lab in the garage, immediately arrested Mr. Baker, and arrested Mr. Rhiger after finding him hiding in the shower in the master bathroom. The agents shut down the lab, secured the residence, and took steps to obtain a warrant so they could conduct a further search of the building.

Mr. Rhiger, Mr. Baker, and Mr. Brown were indicted for the methamphetamine crimes arising out of the evidence obtained in the search of the home. Mr. Rhiger's two co-defendants pled guilty, and a jury convicted Mr. Rhiger on all counts.

On appeal, Mr. Rhiger challenges the district court's denial of his motion to suppress evidence obtained by agents during the warrantless search of Mr. Brown's home. He asserts the district court erred in finding that exigent circumstances justified the agents' entry of the Brown residence. Mr. Rhiger also contends the district court erred in permitting a government agent to testify regarding the agent's detection of methamphetamine odors on Mr. Rhiger's clothing.

II

As an initial matter, the government contends that Mr. Rhiger has no standing to object to the search of Mr. Brown's house. We must therefore decide whether Mr. Rhiger's individual constitutional rights were affected by the agents' actions. See United States v. Rubio-Rivera, 917 F.2d 1271, 1274 (10th Cir.1990). "To so demonstrate in the context of a search, the defendant must show that he had a subjective expectation of privacy in the premises searched and that society is prepared to recognize that expectation as reasonable." United States v. Higgins, 282 F.3d 1261, 1270 (10th Cir.2002) (internal quotation omitted). We review de novo whether Mr. Rhiger's expectation of privacy in the searched premises was one society would consider reasonable. Id.

While Mr. Rhiger did not permanently reside with Mr. Brown, he testified he had known Mr. Brown for about two weeks and stayed overnight at Mr. Brown's residence "a couple, three times," rec., vol. V at 240, "four tops," id. at 253, when he was too intoxicated to drive home, and that he and Mr. Brown "hit it off" because of their common interest in maintenance work, id. at 239. Mr. Brown's neighbor, Paul Dressendorfer, testified that for several days he "never saw [Mr. Rhiger's car] leave" Mr. Brown's house. Id., vol. IV at 74. Receipts left by Mr. Rhiger were found in the Brown residence. Moreover, Mr. Rhiger testified that on the day the federal agents searched the Brown home, he had entered the house in Mr. Brown's absence and retired to Mr. Brown's bedroom to take a nap. The question is thus whether Mr. Rhiger has standing as a social guest to challenge the government's search of Mr. Brown's home.

Our decision is guided by the Supreme Court's reasoning in Minnesota v. Carter, 525 U.S. 83, 119 S.Ct. 469, 142 L.Ed.2d 373 (1998). Although the Court did not specifically decide the issue we face, a close reading of the opinion persuades us that a social guest's expectation of privacy is constitutionally protected.

The majority in Carter ruled that an individual does not possess an expectation of privacy to challenge the search of another's property when he or she is present solely for commercial or business reasons. But the Court drew a clear distinction between the status of individuals present at a residence for social purposes and those present for business or commercial matters. Id. at 90-91, 119 S.Ct. 469. Referring to Minnesota v. Olson, 495 U.S. 91, 96-97, 110 S.Ct. 1684, 109 L.Ed.2d 85 (1990) (overnight guests possess an expectation of privacy in searched premises), the Court pointedly contrasted the status of a guest who has a "degree of acceptance into the household" from a guest present for "purely commercial" reasons, noting the former possessed a far greater expectation of privacy in the premises than the latter. Carter, 525 U.S. at 90, 119 S.Ct. 469.

Our reading of the majority's distinction between social and commercial guests is buttressed by the concurring opinions of Justices Kennedy and Breyer and themes in Justice Ginsburg's dissent. Justice Kennedy joined the majority's opinion because its reasoning was "consistent with [his] view that almost all social guests have a legitimate expectation of privacy, and hence protection against unreasonable searches, in their host's home." Id. at 99, 119 S.Ct. 469 (Kennedy, J., concurring). Describing which social guests could benefit from such protection, Justice Kennedy noted guests must establish they have a "meaningful connection" to the residence. Id. at 101, 119 S.Ct. 469. He further urged in partial support of Justice Ginsburg's dissent "that reasonable expectations of the owner ... [should be] ... shared, to some extent, by the guest. This analysis suggests that, as a general rule, social guests will have an expectation of privacy in their host's home." Id. at 102, 119 S.Ct. 469. Justice Ginsburg's assertion that any type of guest should be able to "share his host's shelter against unreasonable searches and seizures," id. at 106, 119 S.Ct. 469 (Ginsburg, J., dissenting), received additional support from Justice Breyer. While he joined the majority's opinion on other grounds, he nonetheless stated, "I agree with Justice Ginsburg that respondents can claim the Fourth Amendment's protection." Id. at 103, 119 S.Ct. 469 (Breyer, J., concurring).

Our determination that a social guest has a sufficient expectation of privacy to challenge unreasonable searches of his host's home is further bolstered by the Court's reference in Carter to Jones v. United States, 362 U.S. 257, 80 S.Ct. 725, 4 L.Ed.2d 697 (1960). The Court acknowledged Jones' specific ruling "that `anyone legitimately on the premises where a search occurs may challenge its legality' was expressly repudiated in Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978)." Carter, 525 U.S. at 89-90, 119 S.Ct. 469 (citing Jones, 362 U.S. at 267, 80 S.Ct. 725). Nonetheless, the Court agreed with Jones' ultimate conclusion that the search of an apartment belonging to the defendant's friend, where the defendant slept there "maybe a night," Jones, 362 U.S. at 259, 80 S.Ct. 725, kept some clothing there, and entered at his own will, violated the defendant's Fourth Amendment rights. Carter, 525 U.S. at 89-90, 119 S.Ct. 469. See also Rakas, 439 U.S. at 142, 99 S.Ct. 421 ("We think that Jones on its facts merely stands for the unremarkable proposition that a person can have a legally sufficient interest in a place other than his own home so that the Fourth Amendment protects him from unreasonable government intrusion into that place."); Olson, 495 U.S. at 97-98, 110 S.Ct. 1684 (noting and approving Court's reaffirmation in Rakas of Jones' factual holding).

While the Court did not specifically decide in Carter that a social guest can challenge a warrantless search of his host's home, the majority decision, coupled with the concurrences of Justices Kennedy and Breyer, and the dissent of Justice Ginsburg, persuade us that Mr. Rhiger had a legitimate expectation of privacy as a social guest in Mr. Brown's home. See also United States v. Pollard, 215 F.3d 643, 647-48 (6th Cir.2000) (defendant had reasonable expectation of privacy in premises where he had friendship with homeowner, occasionally spent night at residence, kept some personal belongings there, and was permitted to be in home while owners were absent). Mr. Rhiger's regular presence at the home, his overnight stays, the discovery of his receipts in the house, and his comfort in entering the residence unannounced and taking a nap, all support our determination that Mr. Rhiger had an ongoing and meaningful connection to Mr. Brown's home as a social guest. Therefore, Mr. Rhiger has standing to challenge the government's search and seizure of evidence from the Brown residence.

III

Given Mr. Rhiger's legitimate expectation of privacy in the Brown residence, we address whether the district court properly denied Mr. Rhiger's motion to suppress evidence based on its determination that exigent circumstances justified the agents' warrantless entry into the Brown home. In reviewing the district court's ruling, we examine the "court's factual findings under the clearly erroneous standard and view the evidence in the light most favorable to the district court's findings. The ultimate question regarding the reasonableness of the search is a question of law which we review de novo." United States v. Parra, 2 F.3d 1058, 1063 (10th...