State v. Carney

142 Wash. App. 197
CourtCourt of Appeals of Washington
DecidedDecember 18, 2007
DocketNo. 34147-6-II
StatusPublished
Cited by7 cases

This text of 142 Wash. App. 197 (State v. Carney) 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. Carney, 142 Wash. App. 197 (Wash. Ct. App. 2007).

Opinions

¶1 — Roxanne Elaine Carney appeals her conviction for possession of methamphetamine. We hold that an officer who seized Carney because she may have had information that would identify a reckless driver had no articulable suspicion that Carney had committed any criminal activity. Moreover, we note that the officer was not searching for weapons for his safety. Thus, the officer had no justification for checking for an outstanding warrant, the [200]*200discovery of which led the officer to arrest and search Carney. The trial court should have suppressed the evidence. We reverse.

Bridgewater, J.

[200]*200¶2 Deputy Kendall of the Clark County Sheriff’s Department responded to an identified citizen’s complaint that a man on a white and blue “crotch rocket type street bike [zipped] up and down 10th Ave in front of his house.” Clerk’s Papers (CP) at 18. According to the citizen, the motorcyclist was driving recklessly at excessive speeds while cutting off other traffic, doing “wheelies” while riding the center line, and returning to an area of new homes under construction north of the citizen’s house. CP at 18, 32. The citizen described the motorcyclist as a white male wearing a dark helmet, white shirt, and blue jeans.

¶3 The deputy drove to a dead-end street ending in a cul-de-sac. At the west end of the street, he saw a black sedan legally parked facing the west end of the street. Two people occupied the car. A man matching the citizen’s description of the motorcyclist (but not wearing a helmet) was standing near the driver’s side of the car, talking to the car’s occupants. The deputy noticed a white and blue motorcycle parked near the car. As the deputy approached the area, the man ran to the motorcycle, climbed on, and started the engine. The deputy turned on the emergency lights of his patrol car and yelled to the motorcyclist to stop the bike and get off. He also attempted to block the motorcycle, but the motorcyclist swerved around the patrol car, drove over the curb, and fled the area.

¶4 The deputy did not pursue the motorcyclist but instead pulled up behind the parked car with his emergency lights still on. The deputy then detained the two women in the car, asked them to show him their hands, and requested identifying information. He radioed in their names and birthdates to conduct a records check.

¶5 As he waited for the record check results, the deputy questioned the two women about the motorcyclist. During his questioning, the dispatcher notified him that there was [201]*201an outstanding warrant for the arrest of Carney.1 The deputy arrested Carney, handcuffed her, and placed her in his patrol car. A search incident to arrest resulted in the discovery of two small bags of methamphetamine in Carney’s windbreaker.

¶6 The trial court held a CrR 3.6 suppression hearing, but it ultimately denied Carney’s motion to suppress the evidence. Thereafter, at a stipulated facts trial, the trial court found Carney guilty. Carney appeals.

¶7 We review the denial of a suppression motion to determine whether substantial evidence supports the trial court’s findings of fact and whether those findings support the conclusions of law. State v. Dempsey, 88 Wn. App. 918, 921, 947 P.2d 265 (1997); State v. Hill, 123 Wn.2d 641, 644, 870 P.2d 313 (1994). Whether a seizure occurred is a mixed question of law and fact. Although the trial court’s factual findings are entitled to great deference, whether those facts constitute a seizure is a question of law that we review de novo. State v. Thorn, 129 Wn.2d 347, 351, 917 P.2d 108 (1996), overruled on other grounds by State v. O’Neill, 148 Wn.2d 564, 62 P.3d 489 (2003).

¶8 Initially, we hold that Carney, the passenger in the parked car, was seized. Whether a seizure occurred and whether that seizure was valid are separate inquiries. See O’Neill, 148 Wn.2d at 575-76. A seizure under article I, section 7 of the Washington State Constitution occurs when an individual’s freedom of movement is restrained and when, considering all the circumstances, a reasonable person in the individual’s position would not believe that he is free to leave or decline a request due to an officer’s use or display of authority. O’Neill, 148 Wn.2d at 574. This determination is a purely objective one, looking at the actions of the law enforcement officer. O’Neill, 148 Wn.2d at 574. If the officer’s conduct or show of authority, objectively viewed, rises to the level of a seizure, that seizure is valid only where there are “ ‘specific and articulable facts which, [202]*202taken together with rational inferences from those facts, reasonably warrant’ ” detaining the individual. O’Neill, 148 Wn.2d at 576 (quoting Terry v. Ohio, 392 U.S. 1, 21, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968)). The officer must have a well-founded suspicion that the individual is engaged in criminal activity and must be able to “ ‘point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.’ ” State v. Glover, 116 Wn.2d 509, 514, 806 P.2d 760 (1991) (quoting Terry, 392 U.S. at 21). “The officer’s reasonable suspicions are, therefore, relevant once a seizure occurs, and relate to the question whether the seizure is valid under article I, section 7.” O’Neill, 148 Wn.2d at 576.

¶9 Here, the seizure was clearly an investigative detention. The deputy requested identification after he had seized Carney. “ ‘A police officer’s conduct in engaging a defendant in conversation in a public place and asking for identification does not, alone, raise the encounter to an investigative detention.’ ” O’Neill, 148 Wn.2d at 580 (quoting State v. Armenia, 134 Wn.2d 1, 11, 948 P.2d 1280 (1997)). In this case, though, the deputy’s request that Carney provide identification followed a considerable display of authority. When the motorcyclist fled, the deputy did not follow him and did not turn off the patrol car’s emergency lights. Instead, the deputy pulled up behind the sedan with the emergency lights still flashing and then approached the vehicle. He commanded the women to show their hands and demanded their identification. Under these circumstances, a reasonable person in Carney’s position would not have felt free to ignore the deputy’s request to identify herself after being seized.2

[203]*203¶10 Based on the holding in O’Neill, the women here were in the same position as a law enforcement officer contacting a pedestrian. See O’Neill, 148 Wn.2d at 579 (“[W]here a vehicle is parked in a public place, the distinction between a pedestrian and the occupant of a vehicle dissipates.”). But following the analysis in O’Neill and Terry, the deputy was not engaged in a social contact as would be permitted if he merely asked for information, including Carney’s name. See O’Neill, 148 Wn.2d at 580. Here, he did not suspect criminal activity on Carney’s part and he was not searching for weapons for his safety.

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142 Wash. App. 197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-carney-washctapp-2007.