State v. Beason

534 P.2d 44, 13 Wash. App. 183, 1975 Wash. App. LEXIS 1327
CourtCourt of Appeals of Washington
DecidedApril 14, 1975
Docket2753-1
StatusPublished
Cited by3 cases

This text of 534 P.2d 44 (State v. Beason) 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. Beason, 534 P.2d 44, 13 Wash. App. 183, 1975 Wash. App. LEXIS 1327 (Wash. Ct. App. 1975).

Opinions

James, J.

Defendant Lillian Beason was convicted of possessing heroin in violation of the Uniform Controlled Substances Act. Her appeal challenges the trial judge’s denial of her motion to suppress the evidence obtained in a search of her home. Beason asserts that the police forcibly entered her home in violation of the “knock and announce” requirement which the appellate courts of this state have consistently imposed upon law enforcement officers. State v. Young, 76 Wn.2d 212, 455 P.2d 595 (1969); State v. Harris, 12 Wn. App. 481, 530 P.2d 646 (1975); State v. Hatcher, 3 Wn. App. 441, 475 P.2d 802 (1970).

The relevant facts are fairly summarized in the formal findings of fact entered after the hearing of Beason’s motion to suppress.

During the evening of May 30, 1973, Detective Victor Heins of the Narcotics Unit of the Seattle Police Department, obtained a search warrant for the residence located at 1733-24th Avenue, Seattle, and for the person of Lillian C. Beason. The warrant was based on information given to Detective Heins by a confidential informant which was that the informant had observed the occupant of the residence, Lillian C. Beason, make a sale of heroin earlier that evening;

Finding of fact No. 1.

The informant further informed Detective Heins that the heroin was packaged in a small balloon and this balloon was taken from a compartment in the bra Lillian Beason was wearing which contained a large supply of such balloons;

Finding of fact No. 2.

Detectives Heins and Ingertilla each had more than five years’ experience in the narcotics unit and knew that dealers in heroin package the narcotic in a method which allows quick disposal by swallowing or flushing down the [185]*185toilet. They also knew that the objects of narcotics search warrants are frequently destroyed if quick entry into the premises is not accomplished;

Finding of fact No. 3.

After Detective Heins obtained the search warrant, he, Detective Ingertilla, Detective Hart, Detective Grout, and policewoman McGloughin drove to the vicinity of 1733-24th Avenue, arriving between 8:30 and 9 p.m.;

Finding of fact No. 4.

Detective Ingertilla knocked on the front door loud enough to be heard inside the house and yelled “police.” He heard nothing from inside the house and there was no response to the knock or announcement;

Finding of fact No. 5.

After several seconds had elapsed, Detective Ingertilla forced open the door and entered the residence. Detective Heins had been stationed at the back door with one of the other detectives and when he heard Detective Inger-tilla forcing the front door, he, Detective Heins, forced open the back door leading to the kitchen;

Finding of fact No. 6.

The trial judge entered the following conclusions of law:
The manner of execution of the search warrant obtained by Detective Heins on May 30, 1973, for the residence of 1733-24th Avenue, Seattle, was insufficient to meet the requirements of RCW 10.31.040;

(Italics ours.) Conclusion of law No. 2.

The manner of execution of the search warrant was reasonable and legal under the circumstances because the detectives had reason to believe that further announcement and delay in entering the residence would allow an attempt to destroy evidence;

Conclusion of law No. 3.

In his oral ruling following the hearing of the motion to suppress, the trial judge said:

I am going to deny the motion to suppress the evidence. Specifically I find that the officers did not properly announce the purpose of their visit. In other words, they did not properly announce that they were there to exe[186]*186cute a search warrant plus giving any inhabitants knowledge of who was there and why they were there, as required. But it seems to me that it wasn’t required that they make that announcement under the circumstances of this case. That is the police did have reason to believe that any announcement of their presence and purpose followed by any substantial period of delay would lead to the destruction of the evidence in the case. I specifically find that there was nothing here that specifically indicated that there was an attempt being made to destroy evidence in the case such as in the Young case. But my ruling is based on the fact that the police had information that the defendant had engaged in sales or a sale of heroin that day. And had additional heroin on her person. It seems to me entirely reasonable to conclude that if under those circumstances there was a knocking, a delay that it would certainly be reasonable to conclude that the evidence would be destroyed. In fact, I guess I am adopting the so-called blanket rule that would authorize police to enter without announcement of purpose and without substantial delay \in\ any situation where they had reason to believe that they were dealing with someone that had engaged in sales of heroin and had additional heroin on them. It seems completely artificial under those circumstances to conclude anything other than a delay would be to the destruction of that evidence. That will be the Court’s ruling.

(Italics ours.)

Patently, the trial judge’s ruling was in direct conflict with our consistent refusal to adopt a blanket “no-knock” rule for searches by police officers in narcotics cases. In State v. Hatcher, supra at 446, we said:

Public concern about the traffic in narcotics makes judicial approval of the blanket no-knock search policy of the Seattle Police Department very tempting. But the protective constitutional moat which surrounds every man’s home — his castle — may not be indiscriminately drained either by police policy or judicial fiat.

(Footnote omitted.) In State v. Harris, supra at 490, we reaffirmed our rejection of a no-knock policy for narcotics searches:

We have rejected the “blanket rule” approved in some [187]*187other jurisdictions which permits police to make an unannounced entry based upon the general propensity of certain offenders, notably those dealing in narcotics or illegal gambling activities, to destroy evidence when confronted by police.

(Footnote omitted.) Even “known” offenders are afforded the Fourth Amendment’s guarantee of security against unreasonable invasion of their homes.

Implicit in the Fourth Amendment’s protection from unreasonable searches and seizures is its recognition of individual freedom. That safeguard has been declared to be “as of the very essence of constitutional liberty” the guaranty of which “is as important and as imperative as are the guaranties of the other fundamental rights of the individual citizen . . . .” Gouled v. United States, 255 U. S. 298

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Related

State v. Coyle
621 P.2d 1256 (Washington Supreme Court, 1980)
State v. Campbell
547 P.2d 295 (Court of Appeals of Washington, 1976)
State v. Beason
534 P.2d 44 (Court of Appeals of Washington, 1975)

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Bluebook (online)
534 P.2d 44, 13 Wash. App. 183, 1975 Wash. App. LEXIS 1327, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-beason-washctapp-1975.