Appeal from the District Court of Divide County, Northwest Judicial District, the Honorable Joshua B. Rustad, Judge.
The opinion of the court was delivered by: Sandstrom, Justice.
N.D. Supreme CourtState v. Hayes,
This opinion is subject to petition for rehearing. [Go to Documents]
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AFFIRMED IN PART AND REVERSED IN PART.
Opinion of the Court by Sandstrom, Justice.
[¶1] As a condition of bail, the district court required Anna Hayes to consent to a warrantless search at any time of her person, vehicle, and residence. Concluding the bail condition was invalid under N.D.R.Crim.P. 46(a)(3), we reverse her convictions of four drug-related charges resulting from the bail-condition search. We affirm her convictions of two prior unaffected charges.
[¶2] Divide County Sheriff's Deputy Rob Melby stopped Hayes for driving while her license was suspended on December 1, 2008. Deputy Melby testified he personally recognized Hayes operating a motor vehicle and he knew the Divide County Sheriff's Department included her on its monthly list of suspended drivers. Deputy Melby confirmed the status of Hayes' license with North Dakota State Radio, and he arrested her for driving while her license was suspended.
[¶3] An inventory search resulted in the discovery of marijuana on Hayes' person as well as $600 in cash. Law enforcement officers also found $2,133 in cash in Hayes' purse. Following her arrest, the sheriff's department released Hayes on a $1,500 cash bond. The State charged her with driving while her license was suspended in violation of N.D.C.C. § 39-06-42, a class B misdemeanor, and with possession of a controlled substance while driving a motor vehicle in violation of N.D.C.C. § 19-03.1-23, a class A misdemeanor. At Hayes' initial appearance on December 10, 2008, the State requested, in addition to a cash bond, that Hayes' bond order require her to submit to random drug-testing and warrantless searches of her person, vehicle, and home. The district court characterized the random drug-testing as a "standard provision of bond" for a person charged with a drug violation, gave no explanation of the warrantless search requirement, and granted the State's entire request.
[¶4] Immediately after the district court imposed the bond conditions, law enforcement officers met Hayes outside the courtroom and requested she consent to a search of her residence. Narcotics Agent Derek Bernier testified he informed Hayes she could consent to a search of her residence or risk violating her bond conditions. Agent Bernier testified Hayes consented to a search of her residence, which she listed on her driver's license as 210 Adams Street in Noonan, North Dakota. Divide County Sheriff Lauren Throntveit, one of the law enforcement officers who met Hayes outside the courtroom, testified, however, that Hayes stated she did not reside at 210 Adams Street. Rather, Hayes testified at the suppression hearing that she informed the officers she resided at 211 Hagerud Street in Noonan and that she consented to a search of that residence, but not to a search of 210 Adams Street. Sheriff Throntveit testified Hayes did not inform the officers of her current residence.
[¶5] Law enforcement officers did not search 211 Hagerud Street. Instead, they relied on Hayes' driver's license and their knowledge of her residence to search 210 Adams Street. Upon entering, officers found the name "Anna" affixed to a sign in the garage and an electricity bill in the residence addressed to "Anna Hayes" at "210 Adams Street." Hayes testified she placed her name on the deed to 210 Adams Street after her mother died, but she had moved out of the residence in September 2008, leaving her sister and her sister's children as the only occupants of the residence.
[¶6] As a result of the search, officers found various items of drug paraphernalia. After the search, officers questioned Hayes about her drug use after providing her with the warning required by Miranda v. Arizona, 384 U.S. 436 (1966). Hayes admitted that she had used methamphetamine approximately two days before the December 10 search and that she would test positive for marijuana use. Hayes also admitted the drug paraphernalia discovered at 210 Adams Street belonged to her and not to her sister.
[¶7] After the search, the State brought four additional charges against Hayes: unlawful possession of drug paraphernalia, methamphetamine, in violation of N.D.C.C. § 19-03.4-03, a class A misdemeanor; ingesting a controlled substance, marijuana, in violation of N.D.C.C. § 19-03.1-22, a class A misdemeanor; ingesting a controlled substance, methamphetamine, in violation of N.D.C.C. § 19-03.1-22, a class A misdemeanor; and unlawful possession of drug paraphernalia, marijuana, in violation of N.D.C.C. § 19-03.4-03, a class A misdemeanor.
[¶8] Before trial, Hayes moved to suppress the evidence seized during the December 10 search. She argued the search violated her Fourth Amendment constitutional rights because the bond condition required her to submit to warrantless searches of her person, vehicle, and residence. The district court denied her motion, and a jury thereafter found her guilty of all six charges.
[¶9] The district court had jurisdiction under N.D. Const. art. VI, § 8, and N.D.C.C. § 27-05-06. Hayes timely appealed from the criminal judgment under N.D.R.App.P. 4(b). This Court has jurisdiction under N.D. Const. art. VI, §§ 2 and 6, and N.D.C.C. § 29-28-06.
[¶10] Hayes argues the district court erred in denying her motion to suppress evidence seized during a December 10 warrantless search of 210 Adams Street as a result of pretrial release conditions imposed by the district court. She argues the district court erred in requiring her to consent to warrantless searches of her person, vehicle, and residence as a condition of her bond release. The State contends Hayes does not have standing to contest the search of 210 Adams Street because she did not live at that residence. The State alternatively argues that if Hayes has standing, the district court properly denied her motion to suppress because the authorization for a warrantless search was constitutional, Hayes consented to the search, and law enforcement officers relied in good ...