GRATTON, Judge.
Richard L. Beck appeals from the district court's intermediate appellate decision affirming the judgment entered upon Beck's conditional guilty plea to possession of paraphernalia. Specifically, Beck challenges the denial of his motion to suppress. We affirm.
A sheriff's deputy and Army Corps of Engineers' ranger responded to a report of a camper smoking marijuana at Macks Creek Campground near Lucky Peak Reservoir. Both the deputy and ranger were armed and in uniform. Passing through several other camping areas, they walked down a marked trail to Beck's campsite. The campsite was within a camping area designated by the Army Corps of Engineers.
The door on Beck's tent was wide open, and the tent was nearly falling over. The deputy observed Beck and his girlfriend sleeping in the tent. The deputy discovered a beer can while walking near the tent. The beer can was located to the side or rear of Beck's tent and near a tree, which was approximately six to seven feet from the trail. The beer can was smashed, contained several puncture holes, and had a burnt residue on it and what appeared to be a marijuana stem. Upon picking up the beer can, the deputy could smell the odor of burnt marijuana.
The deputy called to Beck and his girlfriend to wake up. Beck's girlfriend awoke, and after she was prompted by the deputy, she roused Beck. The deputy was familiar with Beck because he had talked to Beck about marijuana use the previous night. The deputy directed Beck to exit the tent and, after Beck became belligerent, instructed Beck to sit in a camping chair at the front of the tent for officer safety. The ranger described Beck as being very upset at being awoken and at the deputy for returning after speaking with him the night before. Beck's emotions were described as going back and forth from laughter to shouting, then back to friendliness. The ranger testified that from his training and experience, he believed Beck was intoxicated. Without providing Miranda
The State charged Beck with possession of drug paraphernalia. Beck filed a motion to suppress evidence of the paraphernalia and the statements made before he was given Miranda warnings. The magistrate denied the motion. Beck entered a conditional guilty plea, reserving the right to appeal the court's denial of his motion to suppress. Beck appealed to the district court. The district court, sitting in its intermediate appellate capacity, affirmed the magistrate's decision. Beck timely appeals.
When reviewing the decision of a district court sitting in its appellate capacity, our standard of review is the same as expressed by the Idaho Supreme Court:
Pelayo v. Pelayo, 154 Idaho 855, 858-59, 303 P.3d 214, 217-18 (2013) (quoting Bailey v. Bailey, 153 Idaho 526, 529, 284 P.3d 970, 973 (2012)). Thus, the appellate courts do not review the decision of the magistrate court. Bailey, 153 Idaho at 529, 284 P.3d at 973. Rather, we are procedurally bound to affirm or reverse the decisions of the district court. State v. Korn, 148 Idaho 413, 415 n. 1, 224 P.3d 480, 482 n. 1 (2009).
The standard of review of a suppression motion is bifurcated. When a decision on a motion to suppress is challenged, we accept the trial court's findings of fact that are supported by substantial evidence, but we freely review the application of constitutional principles to the facts as found. State v. Atkinson, 128 Idaho 559, 561, 916 P.2d 1284, 1286 (Ct.App.1996). At a suppression hearing, the power to assess the credibility of witnesses, resolve factual conflicts, weigh evidence, and draw factual inferences is vested in the trial court. State v. Valdez-Molina, 127 Idaho 102, 106, 897 P.2d 993, 997 (1995); State v. Schevers, 132 Idaho 786, 789, 979 P.2d 659, 662 (Ct.App.1999). In this case, the magistrate did not make explicit findings of fact when ruling on the motion to suppress. "When no such findings are made on the record, we examine the record to determine the implicit findings that underlie the trial court's determination and uphold those implicit findings if they are supported by substantial evidence." State v. Bowman, 124 Idaho 936, 940, 866 P.2d 193, 197 (Ct. App.1993).
Beck argues that the deputy's entrance into the area near his tent was unlawful under the Fourth Amendment. The Fourth Amendment protects the "right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." U.S. CONST. amend. IV. In order to rely on the amendment's protection, a defendant must establish that a Fourth Amendment search occurred. Kyllo v. United States, 533 U.S. 27, 31, 121 S.Ct. 2038, 2042, 150 L.Ed.2d 94, 100 (2001) ("the antecedent question [is] whether or not a Fourth Amendment `search' has occurred"). While Beck argues that he had a reasonable expectation of privacy in the area surrounding his tent, including where the can was found, his principal argument centers upon whether that area was part of the curtilage of his tent and, therefore, protected from intrusion.
In Oliver v. United States, 466 U.S. 170, 180, 104 S.Ct. 1735, 1742, 80 L.Ed.2d 214, 225 (1984), the Court described "curtilage" as "the land immediately surrounding and associated with the home." The Court further explained that, "At common law, the curtilage is the area to which extends the intimate activity associated with the `sanctity of a man's home and the privacies of life,' and therefore has been considered part of home itself for Fourth Amendment purposes." Id. (citation omitted). In United States v. Dunn, 480 U.S. 294, 107 S.Ct. 1134, 94 L.Ed.2d 326 (1987), the United States Supreme Court established four factors to determine whether an area surrounding a home comes within the definition of curtilage for Fourth Amendment purposes. These factors are: (1) the proximity to the home of the area claimed to be curtilage; (2) whether the area is included within an enclosure surrounding the home; (3) the nature of the uses to which the area is put; and (4) the steps taken by the resident to protect the area from the observation of people passing by. Id. at 301, 107 S.Ct. at 1139-40, 94 L.Ed.2d at 334-35; see also State v. Webb, 130 Idaho 462, 465-66, 943 P.2d 52, 55-56 (1997). The Court clarified that it was not creating a "finely tuned formula," but instead explained the factors are "useful analytical tools only to the degree that, in any given case, they bear upon the centrally relevant consideration — whether the area in question is so intimately tied to the home itself that it should be placed under the home's `umbrella' of Fourth Amendment protection." Dunn, 480 U.S. at 301, 107 S.Ct. at 1140, 94 L.Ed.2d at 335.
The magistrate, district court, and the State principally focus the analysis upon whether Beck had "a reasonable expectation
The magistrate did not expressly analyze the Dunn curtilage factors. Instead, the magistrate concluded Beck did not have a reasonable expectation of privacy, and that the area around Beck's tent was within the open fields doctrine and, thus, inferentially found the area was not part of the curtilage. In Hester v. United States, 265 U.S. 57, 59, 44 S.Ct. 445, 446, 68 L.Ed. 898, 900 (1924), the United States Supreme Court explained "the special protection accorded by the Fourth Amendment to the people in their `persons, houses, papers and effects,' is not extended to the open fields." In Oliver, the Court contrasted "open fields" to the curtilage and held that, "no expectation of privacy legitimately attaches to open fields." Oliver, 466 U.S. at 180, 104 S.Ct. at 1742, 80 L.Ed.2d at 225. Here, the magistrate determined that anyone could have walked up to Beck's tent, it was on public land, and there was nothing indicating the area was private. The magistrate also relied on language in Pruss that indicated the area around the campsite in that case fell under the open fields doctrine. The district court, sitting in its appellate capacity, affirmed the magistrate agreeing with this analysis. The State likewise argues that Pruss is dispositive.
In Pruss, the Idaho Supreme Court considered whether Pruss had a reasonable expectation of privacy within a temporary "hooch"
Pruss, 145 Idaho at 628, 181 P.3d at 1236. The courts below and the State rely largely on the language above, distinguishing between the interior of Pruss's hooch and the public land surrounding it. Beck does not distinguish Pruss. Instead, as noted, Beck attempts to focus the analysis on whether some area surrounding the tent should be considered curtilage, even though further out from the tent may be open fields.
In United States v. Basher, 629 F.3d 1161 (9th Cir.2011), the Ninth Circuit Court analyzed questions regarding the existence of curtilage incident to a campsite and reasonable expectation of privacy. The officers arrived at the tent and verbally asked the defendant and his son to exit the tent. The officers did not enter the tent. In rejecting Basher's argument that the seizure occurred inside the curtilage of the campsite, the Ninth Circuit explained "[c]lassifying the area outside of a tent in a National Park or National Forest lands campsite as curtilage would be very problematic." Id. at 1169. Unlike traditional homes, a tent located within a dispersed campsite is open to the public and exposed. Id. Further, "[w]hile [the Dunn] factors can be employed with reasonable certainty in the urban residential environment, the analysis does not necessarily carry over to most camping contexts. Parkland campsites often have layouts that are vague or dispersed, and individuals often camp in areas that are not predetermined campsites." Id. The Court ultimately concluded:
Id.
We agree with the Basher Court's analysis. Beck, however, argues Basher is distinguishable because individual campsites in this case were discernable from other campsites. The deputy testified that one could differentiate between individual campsites. However, the ranger testified that the campsites were not defined campsites. The ranger specifically testified that "on the downstream side of Macks Creek, we have three reserve-able campsites that are defined. Beyond that it's all open camping, and people camp very close to each other, people basically just move in and camp wherever they feel." We do not read in Basher that the dispersed or undeveloped nature of the campsites referenced was the underpinning of its analysis. Nonetheless, here, the magistrate noted that "anybody could pass through that camp; anybody could be headed to the boat dock. It's not private, it's just not private." Contrary to identifying a defined area, the magistrate viewed the campsite as open field. Therefore, we hold that there was no expectation of privacy in the campsite, and that the area outside of the tent in these circumstances is not curtilage.
Beck argues his statements should be suppressed because the deputy did not inform him of his Miranda rights before questioning him about the paraphernalia. The requirement for Miranda warnings is triggered by custodial interrogation. State v. Medrano, 123 Idaho 114, 117, 844 P.2d 1364, 1367 (Ct.App.1992). The State does not dispute
A court must consider all of the circumstances surrounding the interrogation. Stansbury, 511 U.S. at 322, 114 S.Ct. at 1528-29, 128 L.Ed.2d at 298; State v. James, 148 Idaho 574, 577, 225 P.3d 1169, 1172 (2010). Factors to be considered may include the degree of restraint on the person's freedom of movement (including whether the person is placed in handcuffs), whether the subject is informed that the detention is more than temporary, the location and visibility of the interrogation, whether other individuals were present, the number of questions asked, the duration of the interrogation or detention, the time of the interrogation, the number of officers present, the number of officers involved in the interrogation, the conduct of the officers, and the nature and manner of the questioning. See Berkemer, 468 U.S. at 441-42, 104 S.Ct. at 3151-52, 82 L.Ed.2d at 335-36; James, 148 Idaho at 577-78, 225 P.3d at 1172-73. The burden of showing custody rests on the defendant seeking to exclude evidence based on a failure to administer Miranda warnings. James, 148 Idaho at 577, 225 P.3d at 1172.
Beck argues that he was in custody based on the deputy and ranger ordering him out of the tent, into a camping chair, and repeatedly asking him if the beer can was his.
The deputy lawfully seized the beer can, and statements made during the limited detention did not require Miranda warnings. Therefore, the district court's decision affirming the magistrate's order denying the motion to suppress is affirmed.
Chief Judge GUTIERREZ and Judge MELANSON concur.
State v. Pruss, 145 Idaho 623, 625, 181 P.3d 1231, 1233 (2008).