ID: Def ordered from home in DV case had no standing in the home when violating order

Defendant ordered to stay away from his own marital home as a result of domestic violence no contact order had no standing in the house when he retreated inside to avoid the officer there to check on his violation of the order. State v. Rebo, 2020 Ida. LEXIS 242 (Dec. 16, 2020):

This is a case about the extent of a person’s privacy and property rights in a residence from which he had been ordered to stay away. Jesse David Rebo shared a home with his wife in Coeur d’Alene for ten years. Due to a domestic assault conviction, Rebo had been ordered by a judge to not go within 300 feet of his wife or the family residence. Even so, about a week after the court issued the order, Rebo was seen near his wife, outside the home, by a police officer. The officer announced herself and Rebo retreated inside. The officer entered the home and arrested Rebo. Methamphetamine was ultimately found on Rebo’s person when he was booked at the jail.

Rebo brought a motion to suppress that evidence, which the district court denied. The court ruled that Rebo lacked standing to challenge the officer’s warrantless entry into his residence because society would not recognize Rebo’s subjective expectation of privacy in the residence from which a valid no contact order prohibited Rebo from entering. Rebo appeals, arguing that his ownership interest in the home allowed him to exclude others, including the officer from the home. Rebo also argues no exigent circumstances existed to justify the officer’s warrantless entry and the evidence discovered after the officer’s unlawful entry should have been suppressed as “fruit of the poisonous tree.” We affirm the district court.