State v. Gaines

116 P.3d 993, 154 Wash. 2d 711
Washington Supreme Court·Decided July 28, 2005·No. 74793-8, 75718-6·Published·Cited by 135 cases

Opinion

116 P.3d 993 (2005)

STATE of Washington, Respondent,
v.
Devennice Antoine GAINES and Norman Leroy Gaines, Petitioners,
Leandre Antoine Gaines, Defendant.

Nos. 74793-8, 75718-6.

Supreme Court of Washington, En Banc.

Argued February 8, 2005.
Decided July 28, 2005.

*994 Oliver Ross Davis, Washington Appellate Project, Sheryl Gordon McCloud, Seattle, Devennice Gaines, Washington State Reformatory, Monroe, for Petitioners.

James Morrissey Whisman, King County Prosecutor's Office, Seattle, for Respondent.

Douglas B. Klunder, Seattle, for Amicus Curiae American Civil Liberties.

J.M. JOHNSON, J.

¶1 In these consolidated cases, petitioners Norman and Devennice Gaines claim that the trial court erred when it denied their motion to suppress an assault rifle and other evidence initially discovered during a warrantless search of a locked automobile trunk. However, the police subsequently obtained a search warrant for the vehicle, including the trunk, based on information independent from the initial, warrantless search. The evidence was seized during the search pursuant to that warrant.

¶2 The challenged evidence falls within the scope of the independent source exception to the exclusionary rule. We hold that the admission of evidence pursuant to the independent source exception complies with article I, section 7 of the Washington Constitution. Accordingly, we affirm.

I. FACTS AND PROCEDURAL HISTORY

¶3 Jerry Hanson reported to police that he had been held against his will for two days by Norman, Devennice, and Leandre Gaines[1] as they attempted to rob him. Hanson, a retired accountant, was addicted to crack cocaine and obtained his supply from the Gaineses. During Hanson's relationship with the Gaineses, Hanson began "loaning" them money. Vol. V, Verbatim Report of Proceedings (5 RP) at 406-409.[2] Over time, the Gaineses increased their demands. Hanson realized that he was rapidly running out of money and was leery of loaning more as they had not repaid earlier "loans."

¶4 On April 29, 2002, Norman and Devennice drove Hanson to his bank in downtown Seattle to withdraw money. As Norman and Devennice waited in the car, Hanson tried to escape them by turning into an alley rather than entering the bank. Devennice located Hanson, however, and forced him back into Norman's car, a white Chevy Caprice. They then drove to the house of Arletta Gaines. Once there, Hanson and Devennice went into the laundry room, whereupon Devennice began punching and beating Hanson with a steel rod.

¶5 Later that day, Hanson walked outside the house with Norman, Devennice, and Leandre. The Gaineses discussed getting more money from Hanson. Leandre pulled Hanson aside and showed Hanson a .357 magnum tucked into his waistband. Hanson testified that Leandre told him that "if he didn't get the money the following day, there was going to be a head shot, and he didn't care whether we were in the bank or out in the middle of the street." 5 RP at 447. Norman and Devennice then forced Hanson into Norman's car and drove to a house in SeaTac where they locked Hanson in the basement for the night.

¶6 The next morning, Norman drove Hanson to a Merrill Lynch office in Federal Way in an attempt to get money from an account Hanson had there. While in the Merrill Lynch office, Hanson locked himself inside a bathroom, hoping to escape. Norman came inside, obtained the bathroom key, and attempted to force Hanson back to the car. Hanson began yelling for help and was seen by a Merrill Lynch employee in the parking garage. Norman fled. The employee called the police, and Hanson was transported to a hospital in order to receive treatment for *995 injuries incurred during the previous days. While in the hospital, Hanson was interviewed by Seattle and Federal Way police.

¶7 The next day, May 1, 2002, one of the officers who had interviewed Hanson was on patrol in West Seattle and spotted Norman's car. The officer called for backup, conducted a felony stop of the vehicle, and arrested Norman and Devennice. In a search incident to the arrests, the police found a loaded Glock pistol in the unlocked glove box and an extra clip for the Glock under the driver's seat. One of the officers then took the keys out of the ignition and unlocked the trunk. Inside, the officer saw what appeared to be the barrel of an assault rifle and numerous rounds of ammunition. The officer immediately closed the trunk without disturbing its contents. The car ultimately was impounded.

¶8 The following day, a different Seattle police detective obtained a search warrant for Arletta's house, Norman's car, and the person of Leandre Gaines. The four-page affidavit in support of the warrant recited many of the above facts and included a single statement that the "Officer [ ] did observe the barrel of what he believed to be a rifle [in the trunk]." State's Ex. 18, at 3-4 (No. 74793-8). After obtaining the warrant and searching the house and car, the police recovered a military assault rifle and hundreds of rounds of ammunition from the trunk of Norman's car, as well as a pistol and crack cocaine.

¶9 The State charged Norman, Devennice and Leandre[3] with first degree kidnapping, first degree attempted robbery, and second degree assault. In addition, the State charged Norman with two counts of unlawful possession of a firearm in the second degree.

¶10 At trial, both Norman and Devennice moved to suppress evidence of the assault rifle and ammunition, arguing that the officer's initial search of the locked trunk was unlawful, thereby mandating exclusion of the evidence. The State asserted that exigent circumstances justified the search; officers who were present at the scene testified that they thought another victim or another suspect might be in the trunk. Alternatively, the State argued that the inevitable discovery exception to the exclusionary rule applied.

¶11 The court rejected the State's exigent circumstances argument but admitted the evidence under the inevitable discovery exception. The court reasoned that discovery of the rifle inevitably would have occurred during the police investigation following the Gaineses' arrests, given the prominent role that Norman's car had in the crimes reported by Hanson. The court found that, even if the initial, illegal search had not occurred, the police would have obtained the items in the trunk "through the course of predictable police procedures." Clerk's Papers (CP) at 78 (No. 74793-8). The court also found that even if the unlawfully obtained information in the affidavit regarding the assault rifle were disregarded, the warrant was still valid because the affidavit included Hanson's allegations and other facts that established probable cause for the search.

¶12 A jury convicted Norman of first degree attempted robbery with a firearm enhancement and both counts of unlawful possession of a firearm. The same jury convicted Devennice of first degree attempted robbery with a firearm enhancement and second degree assault with a deadly weapon enhancement.[4] Norman and Devennice appealed, and the Court of Appeals affirmed. Both then petitioned this court for review.[5]

*996 II. STANDARD OF REVIEW

¶ 13 "We review conclusions of law in an order pertaining to suppression of evidence de novo." State v. Mendez, 13

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State v. Gaines, 116 P.3d 993, 154 Wash. 2d 711 (Wash. 2005).

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