State v. Adams

181 P.3d 37, 144 Wash. App. 100
CourtCourt of Appeals of Washington
DecidedApril 17, 2008
DocketNo. 25969-2-III
StatusPublished
Cited by5 cases

This text of 181 P.3d 37 (State v. Adams) 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
State v. Adams, 181 P.3d 37, 144 Wash. App. 100 (Wash. Ct. App. 2008).

Opinions

Sweeney, J.

¶1 One of the “jealously guarded” exceptions to the general requirement of a search warrant is the protective frisk. In State v. Horrace,1 our state Supreme Court ruled that following the arrest of a driver, a passenger may be frisked if an officer has specific, articulable facts [102]*102supporting a reasonable belief that the passenger may be armed and dangerous. Here, a passenger in a stolen car was frisked for merely being in the car at the time of the stop. The question is whether the officer had reasonable, articulable facts that led him to believe that the passenger was armed and/or dangerous before the frisk. We conclude that he did not. And the trial court made no such finding. We, accordingly, reverse the court’s decision denying the passenger’s motion to suppress the drug evidence. And we reverse the conviction for possession of a controlled substance, methamphetamine.

FACTS

¶2 Police Officer Jake Jensen stopped a car because the car had been reported stolen. Jennifer Adams was a passenger in the stolen car. He detained the driver and the passenger to investigate. Officer Jensen handcuffed Ms. Adams. Officer Jensen was alone. Officer Michael McCasland responded later to assist Officer Jensen.

¶3 Officer McCasland told Ms. Adams that he was going to pat her down for weapons. Clerk’s Papers (CP) at 79. He asked if she had anything on her that would poke him. She responded there was a syringe in her coat pocket. Officer Jensen asked if he could remove the syringe. Ms. Adams responded that he could.

¶4 There is no finding by the trial judge here that Ms. Adams “hesitated” in getting out of the car. There is no finding by the trial judge that she “refused” to lie down when ordered. There is no finding that she was taken down. And there is no finding that the officer was “trying to control two subjects.” CP at 78-80.

¶5 Again, Officer McCasland reached into the pocket and saw a syringe along with a plastic bag containing a white crystal substance. He recognized the substance as methamphetamine and seized the syringe and the bag.

¶6 The police arrested Ms. Adams. The State charged her with possession of methamphetamine. She moved to [103]*103suppress the drug evidence. The court denied her motion. And a judge found Ms. Adams guilty of possession of a controlled substance, methamphetamine.

DISCUSSION

¶7 Ms. Adams challenges the officer’s authority to search her. She argues that there was nothing here to support his concerns for safety. Therefore, the officer was without authority to search her.

¶8 The essential facts here are undisputed. And so the only question before us is whether they support the trial court’s conclusion that the search of the passenger was justified. That is a question of law and so our review is de novo. State v. Johnson, 128 Wn.2d 431, 443, 909 P.2d 293 (1996).

¶9 As a general rule, warrantless searches and seizures are per se unreasonable. State v. Ladson, 138 Wn.2d 343, 350-51, 979 P.2d 833 (1999). The courts have, however, recognized a number of narrow exceptions that allow the police to conduct searches and seizures without a warrant. Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968); State v. Crane, 105 Wn. App. 301, 312, 19 P.3d 1100 (2001), overruled on other grounds by State v. O’Neill, 148 Wn.2d 564, 62 P.3d 489 (2003).

¶10 One such exception allows officers to briefly detain a person when they have a reasonable suspicion that the person has committed or is about to commit a crime or is a safety threat. Terry, 392 U.S. at 21; Crane, 105 Wn. App. at 312. But even such a brief detention must be justified by “specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Terry, 392 U.S. at 21.

¶11 In Terry, the Supreme Court acknowledged that there is “ ‘no ready test for determining reasonableness other than by balancing the need to search [or seize] against the invasion which the search [or seizure] entails.’ ” [104]*104Id. at 21 (alterations in original) (quoting Camara v. Mun. Court, 387 U.S. 523, 536-37, 87 S. Ct. 1727,18 L. Ed. 2d 930 (1967)). This is a case-by-case inquiry in which we evaluate the totality of the circumstances presented to the officer, including the nature of the crime being investigated. State v. Glover, 116 Wn.2d 509, 514, 806 P.2d 760 (1991).

¶12 Where an officer’s conduct is connected to safety concerns rather than investigatory goals, we are particularly reluctant to substitute our own judgment for that of the officer. State v. Collins, 121 Wn.2d 168, 173, 847 P.2d 919 (1993). A frisk for weapons is permissible if (1) the initial stop is legitimate, (2) a reasonable safety concern exists to justify the frisk, and (3) the scope of the frisk is limited to the protective purpose. Id.

¶13 Washington courts have held that a reasonable concern for officer safety justifies a protective frisk in a number of factual circumstances. Horrace, 144 Wn.2d at 393-96; State v. Parker, 139 Wn.2d 486, 501-04, 987 P.2d 73 (1999); State v. Laskowski, 88 Wn. App. 858, 860, 950 P.2d 950 (1997). One such situation is where, as here, police legitimately contact a suspect and incidentally come into contact with the suspect’s companion or vehicle passenger and the conduct of the passenger justifies the frisk. Horrace, 144 Wn.2d at 395-96 (vehicle passenger properly frisked based on furtive movements by driver); State v. Kennedy, 107 Wn.2d 1, 726 P.2d 445 (1986). In Laskowski, the search was justified: “ ‘[a]ny reasonable basis supporting an inference that the investigatee or a companion is armed will justify a protective search for weapons.’ ” Laskowski, 88 Wn. App. at 860 (emphasis added) (alteration in original) (quoting State v. Wilkinson, 56 Wn. App. 812, 818, 785 P.2d 1139 (1990)).

¶14 Here, the officer legitimately came in contact with the driver because the car was reported stolen. He incidentally came into contact with Ms. Adams, the passenger in the car. See Horrace, 144 Wn.2d at 396; Laskowski, 88 Wn. App. at 860.

[105]*105¶15 The remaining question then is whether the officer had reasonable, articulable safety concerns before the frisk that would have justified it. Collins, 121 Wn.2d at 173; Horrace, 144 Wn.2d at 389. Here, the trial court found that Ms. Adams was a passenger in a stolen car. CP at 78 (Finding of Fact 1). Officer Jensen stopped the car. Id.

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Bluebook (online)
181 P.3d 37, 144 Wash. App. 100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-adams-washctapp-2008.