United States v. Price

John Joseph Price, Jr. (defendant) sold methamphetamine to an undercover agent, Randall Schirra, and then eluded arrest for over two years until Schirra arrested Price at Price’s workplace. A search incident to Price’s arrest revealed plastic bags with methamphetamine residue and pH papers, which are often used in methamphetamine production. Schirra knew from informants that Price produced methamphetamine in his garage or basement. Schirra and another officer went to Price’s home, told Price’s common-law wife, Debbie Fischer, that Price was arrested, and requested Fischer’s consent to search for methamphetamine production to ensure that she and her children would be safe. Fischer verbally consented to a search of her house and property. In the bedroom Fischer and Price shared, police found two glass pipes and a baggie containing a chemical used in methamphetamine production. Fischer then asked police to stop searching the house. The parties later disputed whether Fischer consented to a search of the basement. Police picked the basement’s lock and saw several chemicals used in methamphetamine production. Police told Fischer that the house was dangerous and that she and her children needed to leave and seek medical treatment. At that point, Schirra asked Fischer to sign a written consent form, but Fischer refused. Schirra posted officers outside the house and obtained a search warrant. During the search, police seized many chemicals related to methamphetamine production from the basement. Price entered a conditional guilty plea to manufacture and possession of methamphetamine and then appealed the district court’s partial denial of his motion to suppress.