City of Lynnwood v. $128 Cash

810 P.2d 1377, 61 Wash. App. 505, 1991 Wash. App. LEXIS 179
CourtCourt of Appeals of Washington
DecidedJune 3, 1991
DocketNo. 25288-7-I
StatusPublished
Cited by10 cases

This text of 810 P.2d 1377 (City of Lynnwood v. $128 Cash) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Lynnwood v. $128 Cash, 810 P.2d 1377, 61 Wash. App. 505, 1991 Wash. App. LEXIS 179 (Wash. Ct. App. 1991).

Opinion

Pekelis, J.

Paul and Pamela Heeter appeal from the denial of their motion to dismiss the City of Lynnwood's forfeiture action against Paul Heeter's 1988 Chevrolet S-10 Blazer. The Heeters contend that the City lacks the jurisdictional authority to proceed against the vehicle. They also assert that there is insufficient evidence to support forfeiture under RCW 69.50.505(a)(4). We affirm.

I

In June of 1988, the Heeters were being investigated by the South Snohomish County Narcotics Task Force (Task Force) for violations of the Uniform Controlled Substances Act (UCSA), RCW 69.50. The Task Force is a multijuris-dictional unit comprised of police officers from the cities of Lynnwood, Edmonds and Mountlake Terrace. Its primary objective is to investigate controlled substance cases.

On June 3, the Task Force obtained a warrant authorizing the search of the Blazer and the Heeters' south Everett four-plex unit, located in unincorporated Snohomish [507]*507County. The warrant also ordered the seizure, if located, of the following property: methamphetamine, drug paraphernalia, packaging material, scales to weigh methamphetamine, records of drug sales, records or proof of occupancy, and monies illegally obtained from narcotics sales.

The search warrant was based upon the affidavit of probable cause submitted by Officer Martin Speckmaier of the Edmonds Police Department. The affidavit contained information about the Heeters provided by two unidentified but reliable sources together with information which Officer Speckmaier independently verified.

The first source was a confidential informant who participated in a controlled purchase of methamphetamine at the Heeters' four-plex unit. The informant was driven to the Heeters' apartment by Tom Lamb, a known methamphetamine dealer. Lamb was unaware the informant was cooperating with Task Force officers. The informant waited in the car while Lamb entered the apartment. After a short time, Lamb came back to the car and the informant handed him $128 in marked money. Lamb reentered the apartment and purchased a sealed plastic container which officers later confirmed held one-eighth ounce of methamphetamine.

Shortly after the purchase, the informant returned to the complex with Officer Speckmaier. The informant verified the unit where the transaction occurred. The informant also told Officer Speckmaier that Lamb had said the dealer owned a new blue Chevrolet Blazer. A vehicle fitting this description was parked outside the unit. Officer Speckmaier discovered through the Department of Licensing that the vehicle was registered to Paul Heeter. Moreover, Heeter's listed address matched the south Everett location of the controlled buy.

The second source cited in Officer Speckmaier's affidavit was a concerned citizen. This person claimed to have seen over $3,000 in lab equipment in the Heeters' residence, smelled ether in the residence, and witnessed both Paul and Pamela Heeter inject themselves with methamphetamine on several occasions. The concerned citizen also stated [508]*508that Paul Heeter is a chemical engineering student at Seattle University1 and has stated that he is in the business of "cooking crank" (methamphetamine). Finally, the citizen informed Officer Speckmaier that Heeter owned a new Chevrolet Blazer which he parked outside his residence.

On the evening of June 9, the search warrant was executed by Officer Speckmaier, another Task Force officer, and a SWAT team consisting of members from the Everett, Edmonds, Mountlake Terrace, and Lynnwood Police Departments. Pamela Heeter was inside the unit, Paul Heeter was not. In his written report and later at the forfeiture proceeding, Officer Speckmaier stated that the apartment had an overpowering "cat urine [smell] which is associated with methamphetamine labs."

Because the smell was so overpowering, only a cursory search of the residence was conducted. Officer Speckmaier found a loaded handgun in a bedroom, a bag belonging to Tom Lamb, various chemicals, and methamphetamine in Pamela Heeter's purse. Officer Speckmaier testified that the methamphetamine was packaged in the same manner as the container purchased in the controlled buy.

After the initial search, the officers secured the residence and contacted the Department of Ecology (DOE) to remove the chemicals. Outside the residence,. Officer Speckmaier spoke with a neighbor of the Heeters. She informed him that strange odors coming from the Heeters' residence had caused her children to experience headaches.

A short while later, Paul Heeter drove up in the Blazer. Task Force officers searched the vehicle and seized two handguns, over $800 in cash, a map with directions to the Emerald City Chemical Company, a commercial chemical dealer in Seattle, and the Blazer itself. Officer Speckmaier testified that the interior of the vehicle had "the same exact [509]*509smell that was inside the apartment, like a real strong sweet cat urine chemical smell."

On the morning of June 10, a DOE Waste Disposal Team arrived at the Heeters' residence. Several items of evidence were removed, including laboratory equipment, chemicals, and recipes for the manufacturing of methamphetamine, LSD, and other controlled substances.

At the time of the Blazer's seizure, the Lynnwood Police Department was the "designated agency" under the Task Force agreement. Pursuant to the terms of the agreement, the designated agency was responsible for both supervising the Task Force unit and processing forfeitures of property seized during Task Force operations.

On June 14, 1988, the City served Paul Heeter with a notice of seizure and intended forfeiture. On July 28, 1988, the City filed a complaint for forfeiture against the cash, guns, and Blazer in Snohomish County Superior Court. On August 17, 1989, the Heeters filed a motion for summary judgment and an order of dismissal. They argued that the City lacked the authority to bring the forfeiture action because the property was seized outside the territorial jurisdiction of Lynnwood. The motion was denied.

On November 17, 1989, a forfeiture order was entered against the Blazer, but not the cash and guns. The trial court found, in part:

15. A preponderance of the evidence shows that chemical components used in the manufacturing of methamphetamine were transported in the Blazer in order to facilitate the sale of controlled substances.

The Heeters assign error to the trial court denial of summary judgment on the jurisdictional issue and to finding of fact 15.

II

The Heeters first contend that the City has no jurisdictional authority to seek the forfeiture of their Blazer because the seizure occurred in an unincorporated area of Snohomish County. They claim that, as a matter of law, the Snohomish County Sheriff is the only law enforcement [510]*510agency which may bring a forfeiture action under these circumstances, citing RCW 69.50.505(c), RCW 10.93, and Const, art. 11, § 11.

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Bluebook (online)
810 P.2d 1377, 61 Wash. App. 505, 1991 Wash. App. LEXIS 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-lynnwood-v-128-cash-washctapp-1991.