| ] Michael Hatcher was convicted by a jury of manufacturing methamphetamine and possessing drug paraphernalia, for which he was sentenced to terms of twenty-four years’ and ten years’ imprisonment, to run concurrently. His sole point on appeal is that the circuit court erred in denying his motion to suppress. We find no error and affirm Hatcher’s conviction.
When reviewing the denial of a motion to suppress evidence, we conduct a de novo review based upon the totality of the circumstances, reversing only if the circuit court’s ruling is clearly against the preponderance of the evidence. Morgan v. State,
The issue in this case is whether the officers had consent to perform a warrant-less search of Hatcher’s home. Hatcher was on parole when he was arrested for these offenses. As a condition of his release
On the date of Hatcher’s arrest, February 24, 2007, Hatcher’s parole officer, Craig Robie, was covering for Anthony Martin’s parole officer. Officer Robie testified that he and several Fort Smith police officers had been looking for four hours trying to locate Martin. He said that, during their search for Martin, an officer came and told Officer Robie they had received information that Martin was at Hatcher’s residence. Officer Robie testified that he and the other officers were conducting “a parole search” and that he was in control of contacting Hatcher. Officer Robie also testified that he was directing the officers. He said that he “asked them to travel with [him] to Mr. Hatcher’s residence to see if [they could] make contact with Mr. Martin.”
Officer Robie testified that, while looking through the window outside of Hatch-er’s home, he saw Martin standing by the kitchen table. He testified that he knocked on Hatcher’s front door, that Hatcher opened the door, and that he entered the residence and asked everyone to put their hands up. He said that the Fort Smith officers were there for |sbackup. Fort Smith police officers Bruce Fletcher, Brandon Bird, and Brett Rogers confirmed Officer Robie’s testimony that Officer Robie knocked on the door and made the first contact with Hatcher. Officer Robie stated that he smelled a very strong chemical odor, like a meth lab, as soon as Hatcher opened the front door. During a search of Hatcher’s home, officers discovered evidence later used against Hatcher at trial. Hatcher appeals the circuit court’s denial of his motion to suppress this evidence.
As a general rule, “[a] warrant-less entry into a private home is presumptively unreasonable.” Norris v. State,
Hatcher makes two arguments in support of his contention that the circuit court erred in denying his motion to suppress. First, he contends that the officers’ search did not comply with the terms of his consent because no one “requested” to search his home, and second, he contends that the search was not a valid “parole search” because his parole officer, Officer Robie, did not solicit the help of police to search Hatcher’s home; rather, the[4police sought out Officer Robie to help them.
The supreme court addressed and rejected the first argument in McFerrin because the parolee was required to grant any request to search and, therefore, the parolee’s verbal consent at the time of the search was unnecessary.
Furthermore, the language in the consent signed by Hatcher, “whenever requested to do so ...,” does not place a burden on the parole officer verbally to request entry into the residence. Any refusal by the parolee would be futile because the consent clause authorizing the warrantless search states that the parolee must submit to a search and is therefore mandatory. See McFerrin,
We also reject Hatcher’s second argument. Officer Robie testified that he solicited the other officers’ help in searching for Martin at Hatcher’s home. He testified that he directed the other officers, that he knocked on Hatcher’s door, and that he was the first one 15to enter Hatch-er’s home. A parole officer may enlist the aid of the police, and a police officer may act at the direction of the parole officer without overreaching the scope of the search. Cherry,
Accordingly, we hold that the circuit court’s denial of Hatcher’s motion to suppress was not clearly against the preponderance of the evidence, and therefore we affirm.
Affirmed.
