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from the District Court for Hall County: WILLIAM T. WRIGHT,
A. Kenney and Matthew A. Works, Deputy Hall County Public
Defenders, for appellant.
J. Peterson, Attorney General, and Nathan A. Liss for
Chief Judge, and INBODY and BISHOP, Judges.
Neb.App. 917] Bishop, Judge.
a bench trial in the district court for Hall County, Shannon
K. Bond was convicted of possession of a controlled substance
(methamphetamine), a Class IV felony, see Neb. Rev. Stat.
§ 28-416(3) (Cum. Supp. 2014), and sentenced to 4
years' probation. She appeals, contending the district
court erred in failing to suppress evidence seized during an
allegedly unconstitutional search of her apartment. She
argues that without the evidence, there was insufficient
evidence to establish her guilt. She also contends the
district court improperly imposed a term of probation
prohibiting her from having any contact with her boyfriend,
Paul J. Turner, who was convicted [23 Neb.App. 918] of
drug-related offenses in a consolidated trial with Bond. We
January 21, 2014, Bond was charged by information in the
district court for Hall County with possession of
methamphetamine. In a separate information filed in the
district court for Hall County on the same date, Turner was
charged with possession of methamphetamine, possession of
drug paraphernalia, and possession of 1 ounce or less of
marijuana. Bond's and Turner's offenses allegedly
occurred on December 3, 2013, in Hall County, Nebraska.
28, 2014, Bond filed a motion to suppress evidence seized
during an allegedly unconstitutional search of the apartment
she shared with Turner. She further requested that any
statements she made be suppressed, alleging the statements
were not freely and voluntarily made. On May 14, Turner had
filed a nearly identical motion to suppress in his case.
and Turner, both of whom were represented by counsel, agreed
to a consolidated evidentiary hearing on their motions to
suppress; the hearing was held on July 17, 2014. Investigator
Sarah Mann of the Grand Island Police Department testified as
follows: On December 2, 2013, she went to an address on North
Walnut Street in Grand Island, Nebraska, in response to a
child abuse hotline intake indicating possible drug use in
front of minor children at the address. Upon arriving, she
knocked on the door and heard no response. She returned
around 1 p.m. the next day, December 3, with Chelsea Willden,
an employee of the Nebraska Department of Health and Human
Services (DHHS). Investigator Mann realized the door on which
she had knocked the prior day led to a staircase, and she
door and ascended the stairs. At the top of the stairs was
the door to an apartment. She knocked on the door and heard a
male voice say, " Come in." She continued knocking,
and Turner opened the door.
Neb.App. 919] According to Investigator Mann, she identified
herself and Willden, explained they had received a complaint,
and asked if they could " come in and chat with him
about it." Turner said yes and invited them inside. Mann
and Willden talked to Turner about the allegations, and then
Bond exited a bedroom and joined the conversation. Mann and
Willden explained the allegations to Bond. At some point
during this interaction, Investigator Mann saw an individual
whom she identified as Dennis Castro sitting in the living
room; she learned that Castro had a warrant for his arrest
and requested a patrol unit to transport Castro to the jail.
Waiting for the patrol unit " took up some time."
Castro was transported away, Royal Kottwitz, another
investigator with the Grand Island Police Department, noticed
a backpack on the living room floor. (On cross-examination,
Mann clarified that Investigator Kottwitz was with her and
Willden when they arrived at the apartment on December 3,
2013.) Neither Bond nor Turner knew who owned the backpack,
and both agreed it could be searched. Upon opening the
backpack, Investigator Mann located among other items a
hypodermic needle, a small baggie of what appeared to be
marijuana, and a glass pipe with white residue. Based on her
training and experience, Investigator Mann believed the glass
pipe was a " meth pipe."
Mann explained that after finding the items in the backpack,
there was a discussion about consent to search the apartment.
Bond wanted to give consent, but Turner did not. There was a
discussion " amongst officers" about whether to
seek a search warrant. Bond then asked if she could go to the
bathroom and asked Investigator Mann to accompany her. In the
bathroom, Bond " was pretty worked up" and told
Investigator Mann she would give up " everything"
and " wanted to know if that would kind of make all this
go away." Investigator Mann told Bond she could not
answer that question because she did not know what Bond had.
The two women left the bathroom, and Bond led Investigator
Mann into the [23 Neb.App. 920] bedroom, where Bond pulled
two pipes and a baggie out of her purse. Bond handed the
pipes to Investigator Mann and said, " This is my
marijuana pipe," and, " This is my meth pipe."
The baggie had a white residue that appeared to be
Bond handed the items to her, Investigator Mann told Bond she
still wanted to search the apartment. They returned to the
living room, and Bond conversed with Turner. According to
Investigator Mann, Bond and Turner could not agree whether to
give consent and " kind of went back and forth."
Every now and then, Investigator Mann would tell them "
time's ticking" and ask for a decision. Eventually,
Investigator Mann informed Bond and Turner she was leaving to
apply for a search warrant, but Bond asked her to wait. After
Bond and Turner still could not reach a decision,
Investigator Mann said " time's up" and left to
seek a search warrant.
Mann testified that Officer Wesley Tjaden arrived to "
stand by to make sure no evidence was destroyed" while
she sought a search warrant. Investigator Mann returned to
the police department and had nearly completed her warrant
application when Officer Tjaden called to inform her Bond and
Turner had decided to consent to the search. Investigator
Mann, who had not completed the warrant application, returned
to the apartment, and Bond and Turner verbally consented to a
search and signed consent-to-search forms. The forms were
received into evidence; Bond signed her form at 4:05 p.m.,
and Turner signed his form at 4:10 p.m.
the subsequent search of the apartment, Investigator Mann
located a makeup or cosmetic bag containing drug
paraphernalia and what she believed to be methamphetamine.
The bag was located in a magazine rack in the master bedroom,
on the side of the bed that Bond indicated was hers. In the
nightstand on the other side of the bed, Investigator
Kottwitz located a glass marijuana pipe, a marijuana grinder,
two broken glass pipes, and a " blue pencil torch."
Other drug-related items were located in other places in the
master bedroom, [23 Neb.App. 921] including a baggie
containing a white crystalline substance on the desk and
folded up tinfoil with white residue in the trash can.
Mann testified that after locating the items during the
search, she gave Turner warnings pursuant to Miranda v.
Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694
(1966), and that he signed a form waiving his rights. The
form was received into evidence and indicated Turner signed
the form at 5:15 p.m. When Investigator Mann then asked
Turner if the items in the magazine rack were his, Bond spoke
up and said they were hers. Investigator Mann placed Bond and
Turner under arrest.
cross-examination, Investigator Mann testified that prior to
going to Bond and Turner's apartment, she and Willden
interviewed Turner's 10- and 11-year-old sons at their
schools. Neither boy reported witnessing drug use at home.
Investigator Mann also spoke with the boys' mother (who
was not Bond), and the mother expressed concern that Bond and
Turner were " currently using." The mother, who had
custody of the boys, did not know what occurred during the
boys' visits with Turner.
cross-examination, Investigator Mann explained that the door
on which she knocked on December 2, 2013, was " an
outside door off the sidewalk of the business district"
in Grand Island. Although she did not recall there being a
doorbell, she was shown her police report in which she
reported that she rang a doorbell next to the outside door.
When she returned on December 3, she realized that because
the apartment was in a business district, the door must lead
to a staircase to the upstairs apartment. When she opened the
door, she saw an enclosed staircase leading to ...