State v. Byers

539 P.2d 833, 85 Wash. 2d 783, 1975 Wash. LEXIS 931
CourtWashington Supreme Court
DecidedSeptember 11, 1975
Docket43491
StatusPublished
Cited by28 cases

This text of 539 P.2d 833 (State v. Byers) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Byers, 539 P.2d 833, 85 Wash. 2d 783, 1975 Wash. LEXIS 931 (Wash. 1975).

Opinions

[784]*784Hamilton, J.

The defendants were charged with the crime of burglary in the second degree. A pretrial motion to suppress certain evidence upon the basis of an alleged illegal arrest was heard and granted in part. Trial to the court sitting without a jury ensued, and defendants were found guilty as charged. Defendants appealed to the Court of Appeals, Division One. The convictions were affirmed by unpublished opinion. Defendants petitioned for review before this court. The petition was granted. State v. Byers, 84 Wn.2d 1014 (1974). We affirm the convictions.

The facts are undisputed. On April 17, 1972, at approximately 2:54 a.m., a Mr. Ellis, who resides near the Portage on Lummi Shore Road in a somewhat remote area of What-com County, Washington, advised the sheriff’s office by telephone that he had just heard a rapping sound and the breaking of glass emanating from an unoccupied house in close proximity to his residence. He asked that the circumstances be investigated. The radio dispatcher in the sheriff’s office radioed two deputies then separately patrolling in that area of Whatcom County, advised them of the Ellis report, and dispatched them to the scene. Their respective routes to the scene placed them on Lummi Shore Road traveling south. While so en route and at approximately 3:07 a.m., they were advised that Mr. Ellis had reported that a car with a noisy exhaust had left the scene traveling north on Lummi Shore Road.

At 3:09 a.m., the deputies intercepted and stopped an automobile proceeding north on the roadway approximately 3 miles from the Ellis residence. They requested identification of the driver, defendant Byers, and inspected the automobile. Inspection revealed the car was occupied by the defendants and two young girls, all under the age of 21, except defendant Mauler; that there were in plain sight on the front and back seats several bottles of varying kinds of wine and some beer; and that the vehicle had a loud exhaust and a defective rear license plate light. Upon inquiry, the deputies were advised by defendants that the [785]*785vehicle had shortly before run out of gas and that defendants had walked to the home of Byers’ parents in the Portage for a can of gas.

The officers requested that the occupants of the car accompany them to the area of the Ellis residence. The defendants acceded to the request and the group arrived at the premises at about 3:17 a.m. Mr. Ellis identified the noisy exhaust on defendants’ vehicle as the type of exhaust he had heard and recalled that the rear license plate light was not functioning. Inspection of the unoccupied residence revealed pry marks on a back door, a broken window upon which there was some blood, and an open kitchen cabinet. Visual observation indicated defendant Byers had a fresh cut on his hand. Defendants were then placed under arrest and advised of their constitutional rights, understanding of which they acknowledged.

At 4:22 a.m., a detective from the sheriff’s office arrived and was briefed on the situation. Further examination of the automobile revealed a small shank screwdriver on the dashboard which had some blood on it and matched the pry marks on the rear door of the unoccupied residence. Defendants’ vehicle was then impounded and the wine, beer, and screwdriver were secured as evidence. Thereafter, defendants were transported to the county jail and booked. They were again read their constitutional rights and signed a waiver of those rights. They each acknowledged a full understanding of their rights. Upon interrogation, each confessed to the burglary and signed a written version of their respective confessions.

Before trial, defendants moved to suppress the confessions and the physical evidence contending that all were the result of an illegal arrest. Upon conclusion of the motion to suppress hearing, the trial court determined that while the officers had probable cause to stop defendants’ vehicle on Lummi Shore Road, they did not then have probable cause to arrest and that the physical evidence thereafter acquired was the fruit of an unlawful arrest and [786]*786inadmissible. The trial court further determined, however, that the confessions were freely and voluntarily given, and otherwise untainted by an illegal arrest, hence, admissible; On review, defendants contend the trial court erred with respect to the admissibility of the confessions asserting that they, too, were the fruit of the unlawful arrest.

The trial court characterized its determination that the officers had probable cause to stop defendants’ vehicle, but lacked probable cause to then arrest defendants as “a finding of fact.” Normally, on appellate review, great significance is attached to factual findings of a trial court; however, we find in this case two reasons for reviewing the so-called finding of fact. First, in those cases wherein fundamental constitutional rights are in issue, it is incumbent upon a reviewing court to make its own independent examination and evaluation of the facts. McNear v. Rhay, 65 Wn.2d 530, 398 P.2d 732 (1965). Second, in those instances where the facts are undisputed, a determination of the presence or absence of probable cause to stop or arrest becomes a question of law, the judicial determination of which becomes a conclusion of law reviewable on appeal. Eberhart v. Murphy, 113 Wash. 449, 194 P. 415 (1920); 5 Am. Jur. 2d Arrest § 49 (1962).

In the instant case, we agree with the trial court that there existed ample facts establishing probable cause for the officers to stop the defendants’ vehicle at the time and place it was stopped. Cf. State v. Gluck, 83 Wn.2d 424, 518 P.2d 703 (1974).

We cannot agree, however, with the trial court’s conclusion that, lacking probable cause, an illegal arrest occurred at the time and place the officers requested the defendants to accompany them back to the scene of the suspected burglary.

Although one officer testified that, subjectively, he considered the defendants to be under arrest at the site of the stop, the record does not indicate that the defendants were then so. advised. The officers, so. far as the record reveals, simply directed or requested the defendants to ac[787]*787company them some 3 miles south on Lummi Shore Road to the scene of a suspected burglary, to which request defendants acceded. In this respect, there is nothing ipso facto unconstitutional in a brief detention of citizens under circumstances not otherwise warranting or justifying arrest for purposes of limited inquiry in the course of a routine police investigation. The test of the validity of such brief detention is whether from the totality of the circumstances it appears that the detention was based upon reasonable grounds and was not arbitrary or harassing. Gilbert v. United States, 366 F.2d 923 (9th Cir. 1966), cert. denied, 388 U.S. 922, 18 L. Ed. 2d 1370, 87 S. Ct. 2123 (1967); United States v. Brown, 436 F.2d 702 (9th Cir. 1970); Gaines v. Craven, 448 F.2d 1236 (9th Cir. 1971; United States v. Richards, 500 F.2d 1025 (9th Cir. 1974).

The distinction between an arrest and an investigative field detention is one which admits of no simple definition. In Sibron v. New York, 392 U.S. 40, 20 L. Ed. 2d 917, 88 S. Ct. 1889 (1968), different members of the Supreme Court were unable to agree whether an arrest or a simple detention had taken place. (Compare, e.g., Mr.

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

Related

State v. Curry
423 P.3d 179 (Washington Supreme Court, 2018)
State v. Kipp
286 P.3d 68 (Court of Appeals of Washington, 2012)
Franklin v. Klundt
746 P.2d 1228 (Court of Appeals of Washington, 1987)
State v. Mitchell
527 A.2d 1168 (Supreme Court of Connecticut, 1987)
State v. Tocki
648 P.2d 99 (Court of Appeals of Washington, 1982)
People v. Lippert
432 N.E.2d 605 (Illinois Supreme Court, 1982)
State v. Daugherty
616 P.2d 649 (Washington Supreme Court, 1980)
State v. Sykes
615 P.2d 1345 (Court of Appeals of Washington, 1980)
State v. Smith
610 P.2d 869 (Washington Supreme Court, 1980)
State v. Thompson
601 P.2d 1284 (Court of Appeals of Washington, 1979)
State v. Larson
587 P.2d 171 (Court of Appeals of Washington, 1978)
State v. Sweet
581 P.2d 579 (Washington Supreme Court, 1978)
State v. Agee
573 P.2d 355 (Washington Supreme Court, 1977)
City of Nome v. Ailak
570 P.2d 162 (Alaska Supreme Court, 1977)
State v. Byers
559 P.2d 1334 (Washington Supreme Court, 1977)
State v. Lopes
552 P.2d 120 (Utah Supreme Court, 1976)
State v. Huckaby
549 P.2d 35 (Court of Appeals of Washington, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
539 P.2d 833, 85 Wash. 2d 783, 1975 Wash. LEXIS 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-byers-wash-1975.