1. As a
general rule, issues not raised before the district court
cannot be raised on appeal.
reviewing court must determine the sufficiency of a search
warrant affidavit from the four corners of the affidavit.
Search warrants and their supporting affidavits are presumed
valid, and one attacking their validity carries the burden of
Lifetime postrelease registration for sex offenders mandated
by the Kansas Offender Registration Act, K.S.A. 22-4901
et seq., does not constitute punishment for purposes
of applying provisions of the United States Constitution or
§ 9 of the Kansas Constitution Bill of Rights.
of the judgment of the Court of Appeals in an unpublished
opinion filed December 4, 2015.
from Shawnee District Court; Evelyn Z. Wilson, judge.
Judgment of the Court of Appeals affirming the district court
is affirmed on the issues subject to our review. Judgment of
the district court is affirmed.
E. Wells, of Jerry Wells Attorney-at-Law, of Lawrence, argued
the cause, and Peter Maharry, of Kansas Appellate Defender
Office, was on the brief for appellant.
E. Litfin, deputy district attorney, argued the cause, and
Michael F. Kagay, district attorney, Chadwick J. Taylor,
former district attorney, and Derek Schmidt, attorney
general, were with her on the briefs for appellee.
convicted Jason Hachmeister of 105 counts of sexual
exploitation of a child after police discovered child
pornography on his computer while investigating the homicide
of Hachmeister's mother. On petition for review from a
decision by a panel of the Court of Appeals, we consider two
claims of error: (1) whether the evidence from
Hachmeister's computer should have been suppressed
because it was not properly within the scope of various
search warrants issued during the homicide investigation; and
(2) whether the district court violated Apprendi v. New
Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435
(2000), when it made a factual finding that the victims were
under 14 years old, which was a predicate finding required
for ordering Hachmeister to register as a sex offender. We
and Procedural Background
September 2011, Topeka police began investigating the death
of Hachmeister's mother, whose body was found at her home
where Hachmeister also lived. The police obtained six search
warrants as the inquiry unfolded. The first five were for the
homicide investigation and the sixth was to search
Hachmeister's computers for child pornography. Officers
recovered more than 100 pornographic images of children, most
of whom appeared prepubescent. Hachmeister unsuccessfully
moved to suppress the photographs.
jury convicted Hachmeister of 105 of the 108 counts of sexual
exploitation on which the State tried him. The district court
sentenced him to 86 months in prison. And after finding the
images depicted victims 14 years old and under, the court
ordered Hachmeister to submit to lifetime offender
registration under the Kansas Offender Registration Act,
K.S.A. 22-4901 et seq.
timely appealed, raising multiple issues including whether
the district court erred refusing to suppress the images
recovered from his computers and whether the registration
requirement violates Apprendi because it was imposed
based on a factual finding not submitted to a jury and proved
beyond a reasonable doubt. A Court of Appeals panel affirmed.
State v. Hachmeister, No. 112, 260, 2015 WL 8175905,
at *1 (Kan. App. 2015) (unpublished decision). We granted
review of the panel's disposition of the suppression and
Apprendi questions. Jurisdiction is proper. See
K.S.A. 60-2101(b) ("[A]ny decision of the court of
appeals shall be subject to review by the supreme
should be noted Hachmeister was convicted for the
first-degree murder of his mother in a separate criminal
proceeding, which is presently on appeal. See State v.
Hachmeister, No. 114, 796. His murder case is not part
of this appeal.
Error as to the Challenged Search Warrants
officers secured six search warrants during their months-long
investigation. Four warrants are relevant to this appeal.
Using the identifying labels for the warrants adopted by the
panel, the four relevant warrants and the searches or
seizures pursuant to each that Hachmeister argues were
illegal are: (1) SW-A, the seizure of a Gateway laptop; (2)
SW-D, the seizure of a Lenovo laptop; (3) SW-E, the search of
the Lenovo laptop; and (4) SW-F, the searches of both the
Gateway and Lenovo laptops, resulting in the discovery of the
pornographic images. We must consider these along with the
district court's handling of three separate motions to
suppress. This requires a more comprehensive factual
recitation, including a chronological summary of each of the
six warrants involved in this case.
September 10, 2011
affidavit supporting SW-A stated that Hachmeister had called
911 around 4:05 p.m. to report that he found his mother
Sheila "deceased lying on the floor with a blood pool
around the head and twine or small rope around her neck and a
cut or gash on [her] forehead." He told police he last
saw his mother the day before around 10:45 p.m. He said he
left the house at approximately 11:30 a.m. the day of her
death to run errands and heard her "moving around up
stairs but did not physically see her." He also told
police she had "been talking with a couple of gentlemen
via her lap top computer." Relying on these statements,
investigators secured SW-A, which authorized them to search
Sheila's home and to seize her body and "any blood
evidence, occupancy documents, any trace evidence, and bloody
clothing, and cell phone(s), computers, twine or
small rope." (Emphasis added.)
September 10, 2011
affidavit supporting SW-B contained substantially the same
statements but added, "AMR roll[ed] the victim over to
check for signs of life . . . [and noticed] the victim was in
full rigor but that does not occur until approximately twelve
hours after death." The affidavit noted this was
inconsistent with the timeline established by
Hachmeister's earlier statements, so the affiant
concluded, "Hachmeister is not telling the full truth
about what has occurred to his mother and where he had been
while driving his car earlier today." SW-B permitted the
police to search Hachmeister ...