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State v. Prasertphong9/2/2003
nd led them to the debit card machine.
After interviewing Prasertphong, detectives played a portion of that interview for Huerstel. Upon hearing Prasertphong admit to some involvement in the murders, Huerstel admitted he also had been involved and that he shot the three victims.
The trial court granted a motion to sever Prasertphong's and Huerstel's trials, but over objection, conducted the trials simultaneously before dual juries. Because of pretrial publicity, the case was tried in Prescott.
II.
Prasertphong first argues that he was denied a fair trial because the trial court admitted, over his objection, evidence obtained during a warrantless search of his truck.
After Prasertphong and Huerstel were arrested, Detective Wright had Prasertphong's truck towed to the police station in Tucson because she felt that it was not secure on the street because of an unlockable rear window. Once at the station, Detective Wright still did not believe that the truck was secure, claiming that the police garage is "a major thoroughfare going into the police station" and could be accessed by anyone in the station. She therefore conducted a warrantless search of the vehicle specifically looking for a weapon. She searched the cab of the truck, the engine compartment, and under the vinyl cover over the bed of the truck but did not find a weapon.
After Prasertphong told Detectives Olivas and Charlton where the gun was located, Detective Wright was directed to conduct a second warrantless search, specifically looking in the wheel well of the spare tire underneath the truck. The second search produced a clear plastic baggie containing a holster, a Glock 22.40 caliber gun, a loose bullet, ammunition, a gun magazine, a pair of gloves, and Prasertphong's identification cards.
Two days later, the police obtained a telephonic search warrant for a third search of the vehicle, as well as for luminol testing, which can disclose the presence of blood stains. The testing produced no blood traces in the vehicle.
Before trial, Prasertphong filed a motion to suppress the fruits of the warrantless searches of his truck. The court agreed that the first warrantless search was "unreasonable and in violation of the [Fourth] Amendment and Article 2, Section 8 of the Arizona Constitution." However, because no evidence was obtained during that search, there was nothing to suppress. The trial court ruled that the second warrantless search was valid because 1) Prasertphong waived his privacy rights by admitting the location of the gun and 2) under the doctrine of inevitable discovery, the gun would have been discovered.
We "give deference to the trial court's factual findings,... but we review de novo the trial court's ultimate legal determination" as to whether the Fourth Amendment was violated. State v. Gonzalez-Gutierrez, 187 Ariz. 116, 118, 927 P.2d 776, 778 (1996); see also State v. Sanchez, 200 Ariz. 163, 165, 5, 24 P.3d 610, 612 (App. 2001).
The Fourth Amendment to the United States Constitution guarantees " he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. Const. amend. IV. A search can be conducted only after a warrant has been issued by a neutral magistrate upon a showing of probable cause. Illinois v. McArthur, 531 U.S. 326, 330 (2001). A warrantless search is per se illegal unless justified under one of the few "jealously and carefully drawn" exceptions to the warrant requirement. Jones v. United States, 357 U.S. 493, 499 (1958). Generally, probable cause, without more, is insufficient to justify a warrantless sea
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