State v. Ferguson

128 P.3d 1271
Court of Appeals of Washington·Decided February 23, 2006·No. 22319-1-III·Published·Cited by 11 cases

Opinion

128 P.3d 1271 (2006)

STATE of Washington, Appellant,
v.
Clarence S. FERGUSON, Respondent.

No. 22319-1-III.

Court of Appeals of Washington, Division 3.

February 23, 2006.
Reconsideration Denied March 24, 2006.

*1272 James A. Von Sauer, Ferry County Prosecuting Attorney, Republic, WA, for Appellant.

David N. Gasch, Attorney at Law, Spokane, WA, for Respondent.

PUBLISHED OPINION

BROWN, J.

¶ 1 The trial court dismissed the State's prosecution against Clarence Ferguson after suppressing controlled substance evidence found in a warrantless car trunk search and evidence it believed stemmed from that search. Here, the State mainly contends the trial court erred in granting suppression because the court misapplied the manifest necessity doctrine to a car-trunk search. While the trial court properly excised certain hearsay from the search warrant affidavit, it erred in applying the manifest necessity doctrine to the facts. Further, even excluding the car-trunk evidence, the remaining evidence is sufficient to support the search. We reverse.

FACTS

¶ 2 On August 7, 2002 in Ferry County, Trooper Robert Young conducted a speed stop of a car with Idaho plates on Highway 29, about 150 miles from the Washington-Idaho border. Mr. Ferguson, the driver, stated he had borrowed the car from a friend. Because of the narrow highway shoulder, the stopped car blocked the Hadley road intersection. Mr. Ferguson did not have a driver's license on his person. While *1273 checking Mr. Ferguson's driving status, Trooper Young learned Mr. Ferguson had an outstanding Washington misdemeanor warrant and arrested him.

¶ 3 Trooper Young then contacted the passenger, 17-year-old Trisha Zuchowski. Ms. Zuchowski requested Trooper Young release the car to her. Although Ms. Zuchowski claimed to have a valid license, she did not have any identification with her and Trooper Young could not locate her driving record. The trooper did not attempt to contact the registered Idaho owner.

¶ 4 Trooper Young arranged to have the car towed and impounded because it was blocking an intersection and the registered owner was not present. Incident to Mr. Ferguson's arrest and to accomplish the impoundment inventory, Trooper Young began searching the car's passenger compartment.

¶ 5 In the unlocked glove box, he found a palm scale and a knife showing a reddish, thick, phosphorous-like residue. Under the front seat, he found a coffee pot with burnt residue on the bottom. In the back seat, Trooper Young found an open grocery bag with cartons of about 100 match book covers neatly stacked, with the matches removed and the phosphorous strikers remaining, a bag of rock salt, and miscellaneous glassware. He saw a blue plastic tub with the lid ajar on the back seat containing a glass bottle with tubing extending from the top. In one of the jars was a substance that later tested as ephedrine. Trooper Young detected a chemical odor coming from the car. From his training, Trooper Young knew these items were components consistent with red phosphorous methamphetamine manufacturing in a rolling meth lab. At that point, Trooper Young attempted to get a warrant to search the trunk. Apparently, he could not obtain a warrant at that time, due to the large number of pending warrant applications.

¶ 6 According to Trooper Young, "the main worry is rolling meth labs and the fact that officers got hurt and killed in making contact with ... rolling meth labs." Record of Proceedings (RP) (Nov. 21, 2002) at 14. Having already called for a tow, Trooper Young testified he was concerned due to the items found in the passenger compartment:

After locating the components in the back seat, ... I'm aware that they have to have white gas and other ... and a burner and things like that, and I was worried about where those components were, and if they were stored in a manner that would be safe to transport, or whether or not I had to worry about getting somebody there to decontaminate the situation at the scene. Worried about an explosion.

RP (Nov. 21, 2002) at 15.

¶ 7 Unable to obtain a warrant and concerned about volatile chemicals, he opened the trunk using the inside trunk latch to "see where the gas was and see if it was closed, and whether or not it would be safe to transport." RP (Nov. 21, 2002) at 15. Trooper Young saw a can of white gas, plastic containers and a Coleman stove, and then shut the trunk without touching anything to call a local task force for assistance. The car was towed after the task force responded and apparently addressed Trooper Young's concerns.

¶ 8 On August 9, Detective Jan Lewis applied for a search warrant to seize the items found in the car. The affidavit alleged the foregoing events and related that the vehicle had been seen by a "witness" at an address involved in an ongoing methamphetamine investigation in Inchelium, Washington. Clerk's Papers (CP) at 11. The affiant further stated that neighbors reported "lots of short stay traffic" and "several buckets going in and out of the residence." CP at 11.

¶ 9 The State charged Mr. Ferguson with manufacturing methamphetamine, unlawfully involving a person under 18 in a transaction to manufacture a controlled substance, and possessing ephedrine intending to manufacture methamphetamine.

¶ 10 In November 2002, Mr. Ferguson unsuccessfully moved to suppress the items seized from the car trunk as products of an illegal search and unlawfully issued warrant. The court held Trooper Young's observations "reasonably indicated a `manifest necessity' to open the closed trunk to assure the vehicle could be safely impounded and towed." CP *1274 at 27. The court did agree to excise the witness and neighbor statement portions of the search warrant affidavit.

¶ 11 In March 2003, the trial court rejected Mr. Ferguson's reconsideration efforts based on new testimony. However, sua sponte (on its own), the court reversed its earlier manifest necessity conclusion and suppressed the trunk evidence pursuant to State v. White, 135 Wash.2d 761, 958 P.2d 982 (1998), and State v. Houser, 95 Wash.2d 143, 149, 622 P.2d 1218 (1980).

¶ 12 In April 2003, the trial court denied the State's motion to reconsider the March 2002 sua sponte ruling. The court explained the facts as previously found did not support a manifest necessity to look in the car's trunk without a warrant. Adhering to its March ruling, the court further rejected the State's additional argument that even without the trunk evidence, the passenger compartment evidence was sufficient to support probable cause for the search warrant. The court reasoned the items seen in the trunk were integral to the probable cause determination.

¶ 13 In July 2003, Mr. Ferguson received a ruling suppressing the ephedrine found in the passenger compartment, and the court dismissed the case for insufficient remaining evidence. The State appealed.

ANALYSIS

A. Manifest Necessity Ruling

¶ 14 The issue is whether the court erred concluding no manifest necessity justified Trooper Young's warrantless look into the car trunk before allowing a vehicle tow under these facts. Below, in Part B of our analysis, we a

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

State v. Ferguson, 128 P.3d 1271 (Wash. Ct. App. 2006).

128 P.3d 1271 (State v. Ferguson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

State Of Washington v. Martha E. Froehlich
391 P.3d 559 (Court of Appeals of Washington, 2017)
State Of Washington, V Jason Dunham
379 P.3d 958 (Court of Appeals of Washington, 2016)
State of Iowa v. Jesse Michael Gaskins
866 N.W.2d 1 (Supreme Court of Iowa, 2015)
State v. Tyler
302 P.3d 165 (Washington Supreme Court, 2013)
State v. GRIB
218 P.3d 644 (Court of Appeals of Washington, 2009)