State v. Boyer

124 Wash. App. 593
CourtCourt of Appeals of Washington
DecidedDecember 9, 2004
DocketNo. 22060-5-III
StatusPublished
Cited by5 cases

This text of 124 Wash. App. 593 (State v. Boyer) 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. Boyer, 124 Wash. App. 593 (Wash. Ct. App. 2004).

Opinion

¶1

Schultheis, J.

— Police executing a search warrant for a basement apartment rented to Jose Macias conducted a protective sweep of an area of the basement that belonged to an upstairs apartment. They then climbed stairs located in the swept area and entered the apartment belonging to Michael Boyer. Based on drug paraphernalia found during the protective sweep, the officers obtained another search warrant and found cocaine and firearms in Mr. Boyer’s apartment. He was charged by information with possession of cocaine and additional crimes.

[597]*597¶2 After a suppression hearing, the trial court concluded that while the protective sweep of the basement was reasonable and justified, entry of Mr. Boyer’s upstairs apartment was unreasonable. Mr. Boyer’s incriminating statements and the evidence found in his apartment were suppressed, and the charges against him were dismissed without prejudice.

¶3 On appeal, the State contends the trial court’s findings are not supported by substantial evidence and do not support suppression of the evidence. Mr. Boyer cross-appeals the trial court’s conclusions that there was probable cause to issue the warrant to search Mr. Macias’s apartment and that the protective sweep of Mr. Boyer’s area in the basement was justified. Because we find that the affidavit supporting the search warrant contained insufficient information to establish the credibility of the confidential informant, we reverse and remand for entry of judgment of dismissal with prejudice.

Facts

¶4 Mr. Boyer and his wife own a house in Moses Lake on the western shore of the lake. The house is divided into three living spaces: two upstairs apartments and one apartment in about one-half of the basement. The Boyers live in one of the upstairs quarters. Separate from their living space upstairs is apartment A, accessible only from the street. A stairway connects the Boyers’ quarters with their storage area in the basement. Entry to the basement apartment is from the rear of the house at a door labeled apartment B. This door opens to an 18-foot hallway, with the actual door to apartment B to the immediate right. At the end of the hallway on the left is the door into the Boyers’ storage area of the basement. This door, called door no. 2 at the suppression hearing, is usually closed and locked so that the tenant of apartment B cannot enter. Stairs rise from the Boyers’ storage area in the basement to the foyer of the Boyers’ quarters. At the top of these stairs is a door missing a doorknob.

[598]*598¶5 In early June 2002, Moses Lake Police Officer Jeffrey Gaddis received information from a confidential informant that someone living in the basement apartment was receiving stolen goods in exchange for cocaine. Officer Gaddis spoke with a neighbor of the Boyers and learned that the house was divided into three units: two upstairs and one in the basement. On June 14, 2002, Officer Gaddis applied for and received a search warrant for “ ‘[t]he apartment located in the bottom south east corner of 1363 Lakeside Dr. in Moses Lake.’ ” Clerk’s Papers (CP) at 94. Entry to apartment B is in the southeast corner of the Boyer house at that address.

¶6 Officer Gaddis executed the warrant on June 16 with two other officers, Ray Lopez and Greg Nevarez. When they knocked and announced at the outside door labeled apartment B, Mr. Macias responded and let them into his apartment. Officer Nevarez remained in the hallway while Officers Gaddis and Lopez conducted a protective sweep of apartment B. Leaving Officer Lopez to deal with Mr. Macias, Officer Gaddis then called to Officer Nevarez and asked if the area was secure. Officer Nevarez, who was standing at door no. 2, said that he had found an unlocked door. He and Officer Gaddis entered the Boyers’ storage area, where they found drug paraphernalia and a white powder on a dresser. They searched the entire basement area but found no one there.

f 7 At the far end of the storage area (the northwest area of the basement), the officers found a stairway rising to the top floor. Officer Gaddis could hear voices coming from the upstairs area. He looked up the stairway and saw that the door was ajar and had no doorknob. The two officers climbed the stairs and walked into the Boyers’ apartment. There they encountered Mr. Boyer and his wife. Officer Gaddis told Mr. Boyer he was serving a search warrant on the downstairs apartment and he was unsure where the basement apartment ended and Mr. Boyer’s quarters began. He also told Mr. Boyer he had found what appeared to be cocaine on the basement dresser. Mr. Boyer responded, [599]*599“Yeafii], that’s mine.” CP at 4. Officer Gaddis and Mr. Boyer then walked downstairs to the basement, and Mr. Boyer showed the officer how the apartments were segregated. He was eventually arrested for possession of cocaine.

¶8 In a subsequent search of Mr. Boyer’s quarters pursuant to a second warrant, officers found paraphernalia, child pornography, and two rifles. He was charged by amended information in December 2002 with possession of cocaine (RCW 69.50.401), second degree possession of a firearm (RCW 9.41.040), and sexual exploitation of a minor (RCW 9.68A.070).

¶9 A CrR 3.6 suppression hearing was held in March 2003.1 After hearing the testimony of Officer Gaddis and Mr. Boyer, the trial court concluded that (1) the first search warrant described the place to be searched — apartment B — with reasonable particularity; (2) the officers reasonably entered door no. 2 and the Boyers’ storage area in the basement to secure officer safety and to determine the extent of apartment B; and (3) cocaine was found in plain view during the protective sweep of the storage area and therefore should not be suppressed. However, the trial court also concluded that police entry into the Boyers’ upstairs residence was unreasonable and all statements and evidence discovered after this entry must be suppressed. Declaring that it was unable to proceed on the charges without that evidence, the State moved for an order dismissing the case. On April 15, 2003, the charges against Mr. Boyer were dismissed without prejudice.

¶10 The State timely appealed the order of dismissal and the order of suppression. Mr. Boyer cross-appealed the portion of the trial court’s findings that justified the Macias search warrant and the protective sweep of the basement storage area.

[600]*600Search Outside the Scope of the Warrant

¶11 On appeal, the State contends the trial court erred in suppressing evidence obtained after the officers entered the Boyers’ apartment upstairs, including inculpatory admissions by Mr. Boyer. The State argues that the officers were justified in making a limited exploration of the upstairs during a protective sweep. Although the trial court concluded that the officers’ search of the entire basement was justified by the need for a protective sweep of that area, it decided entry into the top floor was unreasonable. Mr. Boyer contends in his cross-appeal that even the search of his storage area in the basement was unjustified under the warrant or as a protective sweep. We review the trial court’s conclusions of law pertaining to the motion to suppress de novo.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Blockman
416 P.3d 1194 (Washington Supreme Court, 2018)
State Of Washington v. William R. Pippin
Court of Appeals of Washington, 2017
State Of Washington, V Martin A Jones
Court of Appeals of Washington, 2013
State Of Washington, V Seth Marshall Hamlet
Court of Appeals of Washington, 2013

Cite This Page — Counsel Stack

Bluebook (online)
124 Wash. App. 593, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-boyer-washctapp-2004.