Opinion No. 30
Appeal from the District Court of the Third Judicial
District, State of Idaho, Canyon County. Hon. Thomas J. Ryan,
denying motion to suppress and judgments of conviction for
possession of methamphetamine with intent to distribute and
possession of heroin, affirmed.
D. Fredericksen, State Appellate Public Defender; Andrea W.
Reynolds, Deputy Appellate Public Defender, Boise, for
appellant. Andrea W. Reynolds argued.
Lawrence G. Wasden, Attorney General; Lori A. Fleming, Deputy
Attorney General, Boise, for respondent. Lori A. Fleming
WALTERS, Judge Pro Tem
J. Dahl appeals from his judgments of conviction entered upon
his conditional guilty pleas to one count of possession of
methamphetamine with intent to deliver, Idaho Code §
37-2732(a)(1)(A), and one count of possession of a controlled
substance, heroin, I.C. § 37-2732(c)(1). Dahl argues the
district court erred in denying his motion to suppress.
Because the police officers had consent to search Dahl's
bedroom, we uphold the district court's denial of the
motion to suppress and affirm the judgments of conviction.
FACTUAL AND PROCEDURAL BACKGROUND
officers arrived at a home to serve a felony arrest warrant
upon an individual. The subject of the arrest warrant did not
live at the home, but the officers' last contact with the
subject was at this residence. An eight-year-old girl
answered the door, and the officers asked the child if the
subject of the arrest warrant was present. The child
responded: "Who?" One officer then asked if Dahl
was home and the child responded: "I don't
know." The officer asked: "Can you go look for
me?" The child closed the door and came back
approximately two minutes later and said: "I think he is
still sleeping." The following conversation took place:
Officer: Okay, is your parents up?[inaudible]
Officer: Okay, can you open the door for officer safety
Officer: We just need to talk to one adult. Can you go
get one of your parents for me, please?
Officer: May I come in?
officer entered the home with the permission of the child
while the second officer remained outside. The officer stood
in the entryway of the home while the child went to get one
of her parents or Dahl. Approximately two minutes after the
officer entered the residence, Dahl's mother came to
speak with the officer. The officer asked if the subject of
the arrest warrant was in the home. The mother responded:
"No, he doesn't come by very often." The
officer informed the mother that they had a felony arrest
warrant for the subject and the officer stated:
If he is found here in this home, then people could be
arrested for felony harboring. And I know that you don't
want that, but, I just want to make sure that he is not here.
So if [inaudible] is not here, he was here with your son,
[Dahl]. Do you mind if we go up there and at least clear to
make sure that he is not here?
The district court found the mother consented to the
mother and the officer walked up the stairs to Dahl's
bedroom. The mother knocked on the door and said:
"[Dahl], the police would like to see your room,
please." Dahl opened his bedroom door and the following
conversation took place:
Officer: Hey [Dahl], how are you?
Dahl: Good, how about you?
Officer: I'm not too bad. Hey man, I'm here for
[the subject of the arrest warrant]. Where is he at?
Dahl: [He] is not here.
Officer: Okay, do you mind if I look? [inaudible]