OPINION
{1} Dеfendant consented to a search of his apartment by armed police officers after they entered his apartment without a search warrant in the early morning hours while he was sleeping. During their search, the police discovered evidence of a methamphetamine lab. We hold that there was insufficient attenuation between the officers’ illegal entry into Defendant’s apartment and his consent. As a result, Defendant’s consent was the fruit of a poisonous tree, and the evidence the police discovered during the ensuing search should have been suppressed. We therefore reverse the district court’s denial of Defendant’s motion to suppress and remand.
BACKGROUND
{2} In April 2002, Defendant rented two rooms of a house owned by Husband and Wife (Landlords), consisting of a living area and a partially divided kitchen-type area for $300 per month and one-third of the utilities. There were two doors to Defendant’s apartment, a door inside Landlords’ house which opened into Defendant’s living area, and a door in Defendant’s kitchen area which opened outside. Defendant was able to lock the door inside Landlords’ house from his side, but it was not locked the morning of the search. Defendant used Landlords’ refrigerator in their kitchen and a bathroom in their part of the house because he had no refrigerator of his own and no bathroom in his apartment. Landlords in turn did their laundry in Defendant’s kitchen area where they kept their washer and dryer and Husband stored some of his tools in the apartment. While Landlords could do laundry or get tools when Defendant was not home, they rarely did so and they always knocked bеfore entering when he was home. Landlords did not permit anyone else to enter Defendant’s rooms because it was his private living area with his personal belongings, and they did not believe they had authority to do so.
{3} Officer Gonterman of the Albuquerque Police Department received information that there was a possible methamphetamine lab operated by a “Shawn” or someone using the nаme “Popcorn” at the address where Landlords’ house was located. On December 29, 2002, at approximately 6:00 or 7:00 a.m., she went to Landlords’ house, accompanied by Officer White, and knocked on the door and window, awakening Landlords and their overnight guest. Officers Gonterman and White told Landlords that they had information that there was a methamphetamine lab in their house, and asked if Landlords had any information or knowledge of a lab and whether they could come into the house. Husband allowed the officers to enter, and subsequently granted the officers permission to search the house.
{4} The evidence conflicts about what knowledge the officers had about Defendant living in the house, and when they obtained that knowledge. Wife testified that when Husband answered the door and the officers asked for permission to search the house, she heard Husband tell the officers that somebody else’s apartment was in the house. Wife said the officers then asked if “he” was home, and Husband answered they did not know. Husband testified that while the officers were searching the house, he was sitting in the living room, as instructed, when the male officer asked: “What’s in there?” Husband testified he told the officer that the area of the housе that the officer was asking about was rented. Husband said this was the first time he said anything about renting any part of the house, and he did not know if this conversation was before or after the door to Defendant’s apartment was opened. Husband said his memory was vague about some details because, “[i]t was early in the morning and [he] had just woken up. It was kind of crazy.” On the other hand, Officer White testified he never had any сonversation with Landlords regarding anyone else living in the house, and that he and Officer Gonterman were both surprised when Defendant was discovered in the home. Officer Gonterman testified that before Defendant’s room was discovered, she asked Wife if she knew who Shawn or Popcorn was, and Wife answered they had rented a part of their house to her husband’s friend, Shawn, and that he lived in the back of the house.
{5} The officers gathered Husband, Wife, their children, and their guest in one room and began their search. In this process they were separated, with Officer White in one part of the house, and Officer Gonterman in another. Officer White testified he opened a door which turned out to be a closet. He then opened another door further down the hallway identical to the first and observed a male аnd female sleeping on a couch. He called to Officer Gonterman and they then entered the room. As they entered the room, Officer Gonterman noticed that there was “a rifle leaning against the corner by a dresser.” Because the officers could not tell whether the couple on the couch was armed, they announced, “Albuquerque Police Department. Show us your hands.” Defendant complied. Officer White was certain he did not draw his weapon upon entering Defendant’s room. However, Officer Gonterman was not certain whether her handgun was drawn when she entered Defendant’s room. Her habit would be to draw her weapon and keep it in a “low-riding” position pointed to the ground until Defendant showed her his hands as instructed, then replace it in the holster. She said she was certain that neither officer had his or her gun drawn when Defendant was asked for permission to search.
{6} Officer Gonterman testified that after she and Officer White entered the room, announced, “Albuquerque Police Department” and ordered Defendant to “[s]how us your hands[,]” that the officers “told [Defendant] why [they] were there, that [they] suspected there was a meth lab in [Defendant’s apartment] somewhere and askеd ... if [they] could search [Defendant’s] room[.] [Defendant] said, ‘Go ahead and look. I’m sleeping. Do whatever you want.’ Something to that effect.” Officer White said that after he and Officer Gonterman entered the room and announced themselves as Albuquerque Police Officers, Defendant was told that the officers “had reason to believe that there’s a meth lab at the house. [Defendant] kind of leanеd up while [the officers] were talking with him. He advised [the officers], ‘[s]earch what you want. I’m going back to sleep.’ And he laid [sic] back down.” Gonterman stayed with Defendant and his girlfriend who remained on the couch while Officer White looked around the room. The subsequent search of Defendant’s rooms uncovered drug paraphernalia, muriatic acid, tubing glassware, and other materials consistent with manufacturing methamphetamine.
{7} Defendant moved to suppress all evidence seized as a result of the officers’ entry into his apartment. The district court denied the motion to suppress. Defendant then pled guilty to trafficking methamphetamine by manufacturing and to a separate charge of possession of methamphetamine, reserving his right to appeal the denial of his motion to suppress. We reverse.
STANDARD OF REVIEW
{8} The determination of whether a search is constitutionally reasonable involves mixed questions of law and fact. State v. Flores,
DISCUSSION
{9} The United States Constitution and the New Mexico Constitution both prohibit unreasonable searches and seizures. U.S. Const, amend. IV; N.M. Const, art. II, § 10. “A search is an intrusion on a person’s reasonable expectation of privacy.” State v. Cleave,
{10} The district court made a finding that “Officer White inadvertently entered the rented portion of the home and was surprised to find two individuals there.” Nevertheless, by inadvertently entering Defendant’s apartment without a warrant, Officer White intruded upon Defendant’s reasonable expectation of privacy. See McDonald v. United States,
{11} The State argues that a warrant was not required because Landlords consented to a search of the house, which properly included Defendant’s apartment. We disagree.
{12} “A search based upon a valid consent is an exception to the requirement for obtaining a search warrant.” State v. Mann,
{13} In Diaz, we held that a father could not validly consent to a search of his adult son’s bedroom inside the father’s home. Although the father testified that he could enter his son’s room without permission, we held that the district court had properly concluded that the father did not have common authority over the room. Id. ¶ 15. We based our conclusion on the fact that the father was not a co-occupant of the room and that his son “had far greater access and control” over the room. Id. ¶ 16. Moreover, his son had “a superior privacy interest” in the room. Id. The same is true here. Landlords’ testimony demonstrates that they did not have common authority over Defendant’s apartment. Although they occasionally entered the apartment to do laundry or to access Husband’s stored tools, they treated Defendant’s apartment as his private residence. Therefore, we hold that the State failed to show that Landlords had common authority over Defendant’s apartment. As a result, Landlords could not vаlidly consent to a search of the apartment. See id. ¶ 9; Matlock,
{14} Finally, the State cannot rely upon any claimed apparent authority of Landlords to consent to a search of Defendant’s apartment. Under the New Mexico Constitution, the State was required to show that Landlords had “actual, not apparent, authority to grant that consent.” Diaz,
{15} The State also argues that Defendant validly consented to a search of his apartment. We also disagree with this contention.
{16} Officers White and Gonterman violated Defendant’s constitutional right to privacy when they entered his apartment without a warrant. Upon entering the apartment, they obtained Defendant’s consent to the search that uncovered the physical evidence he now seeks to suppress. The “fruit of the poisonous tree” doctrine “bar[s] the admission of legally obtained evidence derived from past police illegalities.” State v. Bedolla,
{17} To determine whether the evidence discovered by the officers’ search should have been suppressed under the “fruit of the poisonous tree” doctrine, we determine whether the officers obtained Defendant’s consent “by means sufficiently distinguishable to be purged of the primary taint.” Wong Sun v. United States,
{18} First, the temporal proximity of the officers’ illegal entry into Defendant’s apartment and his consent weighs against a finding that the taint of the illegality was purged. Officers White and Gonterman sought Defendant’s consent almost immediately after illegally entering his apartment. See United States v. Robeles-Ortega,
{19} Third and finally, we consider the nature of the officers’ misconduct. The district court found that Officer White’s initial entry into Defendant’s apartment was “inadvertent.” The evidence conflicts about whether either officer was told that Defendant was renting rooms in the house and whether it was before or after they entered his room. We understand the district court’s " finding of inadvertence to mean that the officers did not know that they would find Defendant when they opened what appeared to be another closet door; as we understand the finding, it is supported by the evidence. However, Defendant was in a very vulnerable position when he consented to the search. Two armed police officers entered his apartment in the early morning hours and awakened him, demanding that he show them his hands. They then immediately told Defendant they suspected the presence of a methamphetamine lab and asked if they could search. Under the circumstances, the “request” to search could have very easily been construed as a “demand” to search. To this extent, at least, the officers “exploited” their illegal entry into Defendant’s apartment. Therefore, despite the inadvertence of the intrusion, we conclude, based on the weight of the applicable factors of our analysis, that Defendant’s consent “was not obtained by means sufficiently distinguishable as to be purged of the primary taint.” Robeles-Ortega,
{20} Policy also drives our conclusion in this case. The objective of the exclusionary rule in New Mexico is not to deter police misconduct but “to effectuate in the pending case the constitutional right оf the accused to be free from unreasonable search and seizure.” State v. Gutierrez,
{21} The State failed to establish that Defendant’s consent to search his apartment was purged of the taint of the officers’ illegal entry. The evidence discovered by Officers White and Gonterman during their search of Defendant’s apartment should have been suppressed.
CONCLUSION
{22} We hold that Officers Gonterman and White acquired the methamphetamine lab evidence that Defendant seeks to suppress by violating his rights under the Fourth Amendment and Article II, Section 10 of the New Mexico Constitution. We therefore reverse the district court’s denial of Defendant’s motion to suppress and remand.
{23} IT IS SO ORDERED.