State v. Doughty

170 Wash. 2d 57
CourtWashington Supreme Court
DecidedSeptember 23, 2010
DocketNo. 82852-1
StatusPublished
Cited by104 cases

This text of 170 Wash. 2d 57 (State v. Doughty) 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. Doughty, 170 Wash. 2d 57 (Wash. 2010).

Opinions

Sanders, J.

¶1 Late one night petitioner Walter Moses Doughty approached a suspected drug house, stayed for two [60]*60minutes, then drove away. A police officer who observed Doughty’s approach and departure stopped Doughty on suspicion of drug activity. During this investigative seizure the officer ran a records check and, based on the results, arrested Doughty for driving with a suspended license. Police found methamphetamine during a vehicle search incident to arrest. Doughty argues the investigative seizure was unlawful. We agree, and we reverse the Court of Appeals.

FACTS

¶2 At 3:20 a.m. on August 14,2007, Officer Derek Bishop of the Spokane Police Department observed Doughty park his car, approach a house, return to his car less than two minutes later, and drive away. Bishop did not see any of Doughty’s actions at the house, or even if Doughty interacted with anybody there. Neighbors had previously “made numerous complaints of large quantities of short stay traffic” at the house, prompting police to identify it as a “drug house.” Clerk’s Papers at 45. Nothing in the record indicates that police based this suspicion on anything other than neighbor complaints, such as actual evidence of drugs, controlled buys, reports of known drug users or dealers frequenting the house, and so forth.

¶3 After the two-minute visit, Bishop stopped Doughty “for the suspicion of drug activity.” Id. Bishop ran Doughty’s license through a license check and learned he was driving with a suspended license. Bishop arrested Doughty for the license offense, then searched Doughty’s car incident to arrest. Bishop discovered a glass pipe that field-tested positive for methamphetamine. Bishop re-arrested Doughty for possession of a controlled substance and transported him to jail. During booking, officers found a plastic baggie, which contained a crystal substance, in Doughty’s shoe. The substance also field-tested positive for methamphetamine.

¶4 At trial Doughty moved to suppress evidence obtained as a result of an unlawful investigative detention. [61]*61The trial court denied the motion. Following a bench trial on stipulated facts, the trial court found Doughty guilty of possession of a controlled substance (methamphetamine). The court sentenced him to 18 months’ incarceration. Doughty appealed, and the Court of Appeals affirmed the conviction in a split decision. State v. Doughty, 148 Wn. App. 585, 201 P.3d 342 (2009). Doughty sought discretionary review in this court, which we granted. 166 Wn.2d 1019, 217 P.3d 782 (2009).

ANALYSIS

¶5 We must decide whether a person’s two-minute visit to a suspected drug house at 3:20 in the morning constitutes grounds for an investigative seizure. In its conclusions of law, the trial court determined Bishop did not violate Doughty’s constitutional rights. We review conclusions of law de novo. State v. Gatewood, 163 Wn.2d 534, 539, 182 P.3d 426 (2008).

¶6 The Fourth Amendment1 to the United States Constitution protects against unlawful search and seizure. Article I, section 72 of the Washington Constitution protects against unwarranted government intrusions into private affairs. We have held that warrantless seizures are per se unreasonable, and the State bears the burden of demonstrating that a warrantless seizure falls into a narrow exception to the rule. State v. Williams, 102 Wn.2d 733, 736, 689 P.2d 1065 (1984). These exceptions are “ ‘ “jealously and carefully drawn.” ’ ” Id. (quoting State v. Houser, 95 Wn.2d 143, 149, 622 P.2d 1218 (1980) (quoting Arkansas v. Sanders, 442 U.S. 753, 759, 99 S. Ct. 2586, 61 L. Ed. 2d 235 (1979))). The Terry stop — a brief investigatory seizure — is one such ex[62]*62ception to the warrant requirement. Terry v. Ohio, 392 U.S. 1, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968). A Terry stop requires a well-founded suspicion that the defendant engaged in criminal conduct. Id. at 21; State v. Garvin, 166 Wn.2d 242, 250, 207 P.3d 1266 (2009). “[I]n justifying the particular intrusion the police officer must be able to point to specific and articulable facts which, taken together with rational inferences from those facts, reasonably warrant that intrusion.” Terry, 392 U.S. at 21.

¶7 A Terry stop must be reasonable. State v. Kennedy, 107 Wn.2d 1, 4, 726 P.2d 445 (1986). When reviewing the merits of an investigatory stop, a court must evaluate the totality of circumstances presented to the investigating officer. State v. Glover, 116 Wn.2d 509, 514, 806 P.2d 760 (1991) (citing United States v. Cortez, 449 U.S. 411, 418, 101 S. Ct. 690, 66 L. Ed. 2d 621 (1981)). The State must show by clear and convincing evidence that the Terry stop was justified. Garvin, 166 Wn.2d at 250.

¶8 A person’s presence in a high-crime area at a “late hour” does not, by itself, give rise to a reasonable suspicion to detain that person. State v. Ellwood, 52 Wn. App. 70, 74, 757 P.2d 547 (1988) (citing Terry, 392 U.S. at 21-22). Similarly, a person’s “mere proximity to others independently suspected of criminal activity does not justify the stop.” State v. Thompson, 93 Wn.2d 838, 841, 613 P.2d 525 (1980). A traffic stop is a seizure for purposes of constitutional analysis. State v. Ladson, 138 Wn.2d 343, 350, 979 P.2d 833 (1999).

¶9 The State argues Bishop had valid grounds for a Terry stop. It cites facts to support the seizure, including (1) law enforcement’s identification of the house as a drug house, (2) complaints from neighbors,3 (3) Doughty visited the house at 3:20 a.m., and (4) his visit lasted less than two minutes. Br. of Resp’t at 4-5. These facts fall short of the reasonable and articulable suspicion [63]*63required to justify an investigative seizure under both the Fourth Amendment and article I, section 7. Police may not seize a person who visits a location — even a suspected drug house — merely because the person was there at 3:20 a.m. for only two minutes.

¶10 The Terry-stop threshold was created to stop police from this very brand of interference with people’s everyday lives. The Supreme Court embraced the Terry rule to stop police from acting on mere hunches. “Anything less would invite intrusions upon constitutionally guaranteed rights based on nothing more substantial than inarticulate hunches, a result this Court has consistently refused to sanction.” Terry, 392 U.S. at 22.

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Bluebook (online)
170 Wash. 2d 57, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-doughty-wash-2010.