Casteel v. State
Casteel v. State
Opinion of the Court
OPINION
By the Court,
In this appeal, we hold that a warrantless search of a residence is valid based on the consent of one occupant where the other occupant fails to object. We also resolve questions concerning custody for purposes of Miranda v. Arizona.
Appellant Dion Casteel engaged in a prolonged pattern of sexual misconduct with the victim in this case, his live-in girlfriend’s minor daughter. This conduct included taking lurid photographs of the child. The victim eventually told her mother, who in turn contacted the police. In response, officers accompanied the victim to a local hospital for a sexual assault examination. While the victim and her mother remained at the hospital, police officers proceeded to the apartment to conduct a warrantless search pursuant to written consent from the mother. The detectives knocked on the door several times, waited a few minutes with no response, announced themselves, and entered the apartment using the key provided by the mother. Once inside, the officers encountered Casteel walking down the hallway and asked him for his identification. Casteel informed them that his identification was located in his wallet, which was inside his gym bag in another room. He allowed one of the officers to retrieve the wallet for him.
Casteel voluntarily agreed to accompany the officers to the sexual assault detail office to give a statement. Because his driver’s license had been suspended, one of the officers drove him to the interview, effecting transport via an unmarked police pickup truck. The office was located inside a gated business park, which required use of a code to gain entry. After informing Casteel that he was free to leave, one of the officers interviewed him for approximately two hours without administration of Miranda warnings. Casteel ultimately confessed to extensive sexual contact with the victim.
Meanwhile, the other officers searched the apartment. They found oils, lubricants, and the panties in the bag where Casteel kept his wallet. Unable to locate the sexually graphic photographs described by the victim, one of the officers drove to the sexual assault detail office and asked Casteel where the photographs could be found. Casteel informed the officer of their location, and the officer called the mother for her further consent to search, stating that he had to return to the apartment and “get something.” Once inside, he located 12 pornographic photographs of the victim.
The State ultimately charged Casteel with 12 counts of sexual assault of a minor under the age of 14 and 12 counts of use of a minor under the age of 14 in the production of pornography. After a 2-day trial, the jury convicted appellant of all counts, except 2 counts of sexual assault.
Consent to search
Prior to trial, Casteel moved to suppress the items found during the initial search, which included oils and lubricants contained in his gym bag, and the photographs obtained during the second search. Casteel argues on appeal that the district court erred in denying this motion.
This court “reviews the lawfulness of a search de novo because such a review requires consideration of both factual circumstances and legal issues.”
Casteel contends that the mother lacked the authority to consent to the search of his bag. We disagree. Where, as here, a person cohabits with another and takes no special steps to secure a privacy interest in his or her property or explicitly denies the cohabitant all access to the property, the cohabitant may consent to the search of the entire premises.
Casteel also assigns weight to the fact that his consent was not explicitly sought, even though he was present and available, and asserts that this renders the search unlawful or the officer’s belief in having consent to search unreasonable. We disagree. A warrantless search is valid based on the consent of one occupant, despite the physical presence of the nonconsenting occupant.
More importantly, the factual presentation in this case validates our application of this rule. Absent an objection by a resident present at the time of the search, a joint resident should most certainly be able to consent to a search of the residence to investigate and terminate the commission of ongoing criminal misconduct at or on the property.
Custody
Casteel argues that he was in custody when the detectives interviewed him at the sexual assault detail office and, thus, his confession was inadmissible because the police did not provide Miranda warnings before the interrogation. We disagree.
We review a district court’s factual findings pertaining to the circumstances surrounding an interrogation for clear error and the district court’s ultimate determination of whether a person is in custody de novo.
Production of child pornography
As noted above, the jury convicted Casteel of 12 counts of production of child pornography in violation of NRS 200.710, 1 count for each photograph introduced into evidence. On appeal, Casteel argues that not all 12 of his convictions for production of child pornography can stand because the State failed to prove that he took the pictures during separate sexual performances. We agree. In Wilson v. State, a panel of this court held that NRS 200.710 cannot be used “to punish a defendant for multiple counts of production dictated by the number of images taken of one child, on one day, all at the same time.”
CONCLUSION
We conclude that Casteel’s live-in companion had the authority to consent to the search of the apartment she shared with Casteel, and that Casteel was not in custody when he made incriminating statements to the police. However, we reverse 8 of the 12 counts of production of child pornography. Accordingly, we remand this matter for entry of an amended judgment of conviction.
Gibbons and Hardesty, JJ., concur.
384 U.S. 436 (1966).
The district court sentenced Casteel to 10 concurrent counts of life with the possibility of parole after 20 years on the sexual assault charges, and 12 concurrent counts of life with the possibility of parole after 10 years on the child pornography counts, to run consecutive with the sexual assault sentences and a term of lifetime supervision commencing upon the completion of any parole.
McMorran v. State, 118 Nev. 379, 383, 46 P.3d 81, 84 (2002).
Illinois v. Rodriguez, 497 U.S. 177, 181 (1990).
See State v. Gordon, 543 P.2d 321 (Or. Ct. App. 1975).
See, e.g., People v. Sanders, 904 P.2d 1311, 1314-15 (Colo. 1995); State v. Frame, 609 P.2d 830, 832-34 (Or. Ct. App. 1980).
Cf. Georgia v. Randolph, No. 04-1067, slip op. 42 (U.S. March 22, 2006); Tompkins v. Superior Court, 378 P.2d 113, 116 (Cal. 1963) (conclud
See Randolph, No. 04-1067, slip op. 42 (U.S. March 22, 2006).
Rosky v. State, 121 Nev. 184, 190, 111 P.3d 690, 694 (2005).
State v. Taylor, 114 Nev. 1071, 1081, 968 P.2d 315, 323 (1998) (citing Miranda v. Arizona, 384 U.S. 436, 479 (1966)).
Alward v. State, 112 Nev. 141, 154, 912 P.2d 243, 252 (1996) (quoting California v. Beheler, 463 U.S. 1121, 1125 (1983) (quoting Oregon v. Mathiason, 429 U.S. 492, 495 (1977))), overruled on other grounds by Rosky, 121 Nev. 184, 111 P.3d 690.
Thompson v. Keohane, 516 U.S. 99, 112 (1995); see also Taylor, 114 Nev. at 1082, 968 P.2d at 323.
121 Nev. 345, 358, 114 P.3d 285, 294 (2005), cert denied, 546 U.S. _, 126 S. Ct. 751 (2005).
The jury found Casteel guilty of 12 counts of using a minor in the production of pornography. We conclude that count 15 was established by Ex. 18, count 16 was established by Ex. 26, and count 20 was established by Ex. 19. The remaining exhibits (numbered 15, 16, 17, 20, 21, 22, 23, 24, and 25) together establish only one count. Thus, on remand, the district court shall vacate all but one of the remaining counts numbered 13, 14, 17, 18, 19, 21, 22, 23, and 24.
In the event the district court concludes that reversal of 8 of the 12 convictions for production of pornography requires resentencing upon the convictions affirmed in this opinion, the district court may do so.
Reference
- Full Case Name
- DION FABION CASTEEL v. THE STATE OF NEVADA
- Cited By
- 10 cases
- Status
- Published