CourtListener 3155623•Ramsey v. State
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Cite as 2015 Ark. App. 669
ARKANSAS COURT OF APPEALS
DIVISION IV
No. CR-15-560
Opinion Delivered November 18, 2015
SHANE EDWARD RAMSEY APPEAL FROM THE BOONE
APPELLANT COUNTY CIRCUIT COURT
[NO. CR-2014-100-4]
V. HONORABLE GORDON WEBB,
JUDGE
STATE OF ARKANSAS
APPELLEE AFFIRMED
LARRY D. VAUGHT, Judge
Pursuant to Arkansas Rule of Criminal Procedure 24.3, appellant Shane Ramsey
entered a conditional plea of guilty in the Boone County Circuit Court to possession of drug
paraphernalia and theft of property. He was sentenced to four years in the Arkansas
Department of Correction for each conviction, to run concurrently. On appeal, Ramsey argues
the trial court erred in denying his motion to suppress. We affirm.
Ramsey was charged with possession of drug paraphernalia and theft of property as a
result of events that took place on April 11, 2014. Ramsey filed a motion to suppress, alleging
that Boone County sheriff’s deputies conducted a warrantless search of a building 1 that he was
in. Ramsey alleged that the deputies illegally entered the building; searched it, seizing a white
pickup truck that had been reported stolen; and searched him, seizing drug paraphernalia.
Ramsey further alleged that warrantless searches are per se unreasonable under the federal and
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The building was described as a small detached shed/garage that was in disrepair.
Cite as 2015 Ark. App. 669
state constitutions and that no exceptions to the search-warrant requirement applied. He
contended that he had a reasonable expectation of privacy in the building and that the search
and seizure were unreasonable. Accordingly, Ramsey contended that the truck and the drug
paraphernalia seized as a result of the unconstitutional search should be suppressed.
At the suppression hearing, Captain Tom Smith of the Boone County Sheriff’s
Department testified that on April 11, 2014, before he left home for work, he received a call
from a retired sheriff’s department employee reporting that he had found several items of
property—that looked as though they had been discarded from a vehicle—on the ground near
his property. On his way to pick up the items, Smith called the sheriff’s department and learned
that a white pickup truck had been reported stolen the night before. Smith collected the items,
which identified the victim and included a cell phone. Smith contacted the victim, who advised
that the phone was not his. Smith looked at the phone and determined that it belonged to
Ramsey, whom Smith knew. Smith saw a text message on the phone from Chris White, whom
Smith also knew.
Smith and another investigator drove to White’s home and visited with him under his
carport. While they were visiting, Smith said that they heard loud banging coming from a small
building approximately sixty to seventy feet from them. Smith asked White about the noise,
and White said that Ramsey was in the building. Smith testified that he and the other officer
walked to the front door of the building wherein, to his right, he saw a white pickup truck.
Smith said that, to his left, he saw Ramsey and a woman. Smith knocked on the door,
immediately opened it, and yelled, “Sheriff’s office.” He entered the building with his gun
raised, walked to Ramsey, who had a ratchet in his hand, and ordered him to drop it. Ramsey
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was arrested and searched, which led to the discovery of drug paraphernalia. Smith testified
that he did not have a search or arrest warrant and that Ramsey did not give him permission
to enter the building.
Ramsey testified that Captain Smith entered, without permission or a warrant, the
building where he worked on vehicles. Ramsey stated that he had been renting the building
from White for $200 per month for the past six to eight months. Ramsey said that there was
only one vehicle in the building on April 11, and that he did not know it had been stolen. He
said that someone had brought it to him four to six hours before, asking him to remove the
stereo. Ramsey also testified that his sole source of income was monthly disability payments
of $700 and that he lived just down the road from the building. He testified that his home sat
on twenty-two acres; however, he preferred to work on his vehicles in White’s building.
The trial court issued a letter opinion on February 25, 2015, denying Ramsey’s motion
to suppress. Thereafter, the trial court’s order denying the motion to suppress, Ramsey’s
conditional plea, and a sentencing order were entered, convicting Ramsey of possession of
drug paraphernalia and theft of property and sentencing him to four years in prison for each
count to run concurrently. This appeal followed.
Our standard of review for a trial court’s decision to grant or deny a motion to suppress
requires us to make an independent determination based on the totality of the circumstances,
to review findings of historical facts for clear error, and to determine whether those facts give
rise to reasonable suspicion or probable cause, while giving due weight to inferences drawn by
the trial court. Robinson v. State, 2014 Ark. 101, at 2–3, 431 S.W.3d 877, 878.
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The United States and Arkansas Constitutions protect the right of the people to be
secure in their homes, papers, and effects, against unreasonable searches and seizures. U.S.
Const. Amend. IV; Ark. Const. art. 2, § 15. Property located on one’s person, at one’s
residence, or within the curtilage surrounding the residence may not be seized without a search
warrant or pursuant to other legal means. Sanders v. State, 264 Ark. 433, 436, 572 S.W.2d 397,
398 (1978). Ramsey contends that the facts were undisputed that Captain Smith did not have
a warrant to search Ramsey or the building; therefore, his Fourth Amendment rights were
violated. He also asserts that no exception to the warrantless requirement applies in this case.
The problem with Ramsey’s argument is that the building where the search was
conducted was not his home or his property; thus, he lacks standing to challenge the search.
Because Fourth Amendment rights against unreasonable searches and seizures are personal in
nature, a defendant must have standing before he can challenge a search on Fourth
Amendment grounds. Embry v. State, 70 Ark. App. 122, 125, 15 S.W.3d 367, 369 (2000)
(citations omitted). It is well settled that the defendant, as the proponent of a motion to
suppress, bears the burden of establishing that his Fourth Amendment rights have been
violated. Id., 15 S.W.3d at 369. A person’s Fourth Amendment rights are not violated by the
introduction of damaging evidence secured by a search of a third person’s premises or
property. Id., 15 S.W.3d at 369 (citing Rankin v. State, 57 Ark. App. 125, 942 S.W.2d 867 (1997)).
One is not entitled to automatic standing simply because he is present in the area or on the
premises searched or because an element of the offense with which he is charged is possession
of the thing discovered in the search. Id., 15 S.W.3d at 369. The pertinent inquiry regarding
standing to challenge a search is whether a defendant manifested a subjective expectation of
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privacy in the area searched and whether society is prepared to recognize that expectation as
reasonable. Id., 15 S.W.3d at 369.
We hold that the trial court did not clearly err in concluding that Ramsey lacked
standing to assert a violation of his Fourth Amendment rights and contest the search because
he failed to establish that he had a legitimate expectation of privacy in the building. Ramsey
did not own the shop building. It belonged to White. And White not only made no objection
to the officers’ presence, but he directed the officers to his building, advising them that Ramsey
was in it. The trial court found that “[b]eing a non-residential structure in an open field on
somebody else’s property, who is not asserting any Fourth Amendment rights, clearly reduces
the level of expectation of privacy that party should have in occupancy of such a building.”
We reject Ramsey’s argument that he manifested a subjective expectation of privacy in
the shop building as demonstrated by his testimony that he had been renting the building for
months. The trial court expressly found that Ramsey’s testimony lacked veracity, stating, “It
is particularly difficult to give great credibility to this issue when his testimony was that he
owned [twenty-two] acres within walking distance of the White residence.” The trial court also
expressed its skepticism of Ramsey’s testimony based on his “very low level of income” of
$700 per month and the $200 per month he claimed to have paid to rent the building. We give
due weight to inferences drawn by the trial court. Robinson, 2014 Ark. 101, at 2–3, 431 S.W.3d
at 878.
In addition to the findings made by the trial court, we further note that Ramsey failed
to introduce into evidence a written rental agreement, testimony from White about an oral
rental agreement, or other proof of payment to White to corroborate Ramsey’s testimony.
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Also, Smith testified that on the day of the incident, neither White nor Ramsey stated that
Ramsey was renting the building. Because Ramsey failed to prove that he had a reasonable
expectation of privacy in White’s shop building, we hold that the trial court did not clearly err
in finding that he failed to meet his burden of establishing standing to challenge the search.
Affirmed.
ABRAMSON and HIXSON, JJ., agree.
Potts Law Office, by: Gary W. Potts, for appellant.
Leslie Rutledge, Att’y Gen., by: Brooke Jackson, Ass’t Att’y Gen., for appellee.
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