State v. Hepton

113 Wash. App. 673
CourtCourt of Appeals of Washington
DecidedSeptember 26, 2002
DocketNo. 20127-9-III
StatusPublished
Cited by22 cases

This text of 113 Wash. App. 673 (State v. Hepton) 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. Hepton, 113 Wash. App. 673 (Wash. Ct. App. 2002).

Opinion

Schultheis, J.

— Evidence discovered in and around a garbage can next to an abandoned house was used to obtain a warrant to search the house next door for evidence of methamphetamine manufacture. Subsequently, Craig Hepton was charged with one count of manufacturing a controlled substance while minors were present, one count of first degree reckless burning, and five counts of second degree criminal mistreatment.

A jury found Mr. Hepton guilty of the manufacturing and reckless burning charges. On appeal, he contends all evidence obtained after the warrantless search of the garbage can area should have been excluded. Further, he contends the evidence is insufficient to support the charges, the trial court erred in failing to give a unanimity instruction, his statements to police were involuntary, and the trial court improperly admitted statements regarding prior criminal acts. The State cross-appeals the trial court’s refusal to [677]*677submit five child endangerment enhancement special verdict forms to the jury.

We find that Mr. Hepton had no privacy interest in the garbage, that the evidence is sufficient to support the verdict, and that the trial court’s other challenged actions were not error. Additionally, we find that the child endangerment enhancement statutes, RCW 9.94A.510 and 9.94A.605, do not authorize multiple enhancements for a single controlled substance offense. Consequently, we affirm.

Facts

Mandi Ratliff lived with her five children, ages 3 months to 10 years, in a rental house at 912 E. Desmet in Spokane. Her friend, Carey Stuhlmiller, lived in the basement with Mr. Hepton. The house next door, at 908 E. Desmet, was abandoned and boarded up due to a previous fire.

Early in the morning of October 10, 2000, Ms. Ratliff’s basement caught on fire. Ms. Ratliff was not present at the time, and Ms. Stuhlmiller and Mr. Hepton helped the four older children escape. The three-month-old baby remained in the house and was later rescued by fire fighters. Although the child survived, she has continuing disabilities.

After the fire was extinguished, fire investigators found a two-burner hot plate in the basement next to a glass beaker containing a red residue. They also found drug paraphernalia near the hot plate, including syringes. One investigator noticed a can of starter fluid near the outdoor basement entrance. He returned a few days later — without a warrant — to see if the starter fluid was evidence of methamphetamine manufacture. Because the starter fluid was no longer outside the basement, the investigator decided to check a garbage can he found next to the abandoned house at 908 E. Desmet. Plastic garbage bags were lying on the ground near the garbage can. Inside the garbage can, the investigator found a can of starter fluid with holes punched in the bottom. He found over 20 boxes of pseudoephedrine [678]*678in the garbage bags. A letter in the garbage can was addressed to Ms. Ratliff.

Pseudoephedrine tablets and ether drained from the bottom of starter fluid cans are components in the manufacture of methamphetamine. Based on this evidence and the additional evidence found during the initial fire investigation, the district court issued a search warrant for Ms. Ratliff’s premises. Officers subsequently found additional evidence of methamphetamine manufacture in the basement, including coffee filters containing a red substance believed to be red phosphorus, lye, a turkey baster, and a syringe containing a tan substance. The tan substance tested positive for methamphetamine.

Mr. Hepton was charged with one count of the manufacture of a controlled substance while minors were present (RCW 69.50.401(a), .440, former RCW 9.94A.128 (2000)), one count of first degree reckless burning (RCW 9A.48.040), and five counts of second degree criminal mistreatment of Ms. Ratliff’s children (RCW 9A.42.030). His out of court statements and the evidence discovered in the warrantless search of the garbage were admitted following CrR 3.5 (admission of a confession) and CrR 3.6 (admission of physical, oral, or identification evidence) hearings.

Trial was before a jury. After the State rested its case, Mr. Hepton unsuccessfully moved to dismiss for lack of evidence. The jury found Mr. Hepton not guilty of the criminal mistreatment charges, but guilty of the manufacturing and reckless burning charges. The State’s attempt to add a 24-month child endangerment sentencing enhancement for each of Ms. Ratliff’s five children was rejected by the court and is challenged on cross-appeal. RCW 9.94A.510(6), .605.

Warrantless Search of Garbage Left at an Abandoned House

Mr. Hepton first contends the warrantless search of the garbage can and bags found at the abandoned house next door to his residence was unconstitutional. He argues [679]*679that he and the other occupants of his household used the garbage receptacles and consequently had a privacy interest in them. Because he does not assign error to the trial court’s CrR 3.6 findings of fact, our review is de novo. State v. O’Cain, 108 Wn. App. 542, 547-48, 31 P.3d 733 (2001).

Under the Fourth Amendment to the United States Constitution, a person has no reasonable expectation of privacy in garbage that has been moved outside the curtilage of his or her home. California v. Greenwood, 486 U.S. 35, 37, 108 S. Ct. 1625, 100 L. Ed. 2d 30 (1988). Because he recognizes that the federal constitution provides no protection for privacy rights in garbage found next door to his residence, Mr. Hepton confines his argument to state constitutional law.

Article I, section 7 of the Washington Constitution provides that “[n]o person shall be disturbed in his private affairs, or his home invaded, without authority of law.” Thus, violation of this provision turns on whether the State has unreasonably intruded into a person’s private affairs. State v. Goucher, 124 Wn.2d 778, 782, 881 P.2d 210 (1994). In State v. Boland, 115 Wn.2d 571, 577, 800 P.2d 1112 (1990), the Washington Supreme Court examined the six criteria of State v. Gunwall, 106 Wn.2d 54, 58, 720 P.2d 808 (1986), and held that Washington Constitution article I, section 7 provides greater protection of a defendant’s privacy interest in his or her garbage than its federal counterpart. The garbage in Boland was held in a closed garbage container that had been placed on the curb outside the defendant’s curtilage for pickup.

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

Related

State Of Washington, V. Patrick Leon Nicholas
Court of Appeals of Washington, 2025
State Of Washington, V Michael Rene West
Court of Appeals of Washington, 2020
State Of Washington v. Richard G. Neighbarger
Court of Appeals of Washington, 2018
State of Washington v. Luis Alberto Anguiano
Court of Appeals of Washington, 2017
State of Washington v. Michael James McNearney
373 P.3d 265 (Court of Appeals of Washington, 2016)
State Of Washington v. Joseph Njuguna Njonge
Court of Appeals of Washington, 2015
State Of Washington, Resp. v. Andre L. Perez, App.
Court of Appeals of Washington, 2014
State v. Crane
2011 NMCA 61 (New Mexico Court of Appeals, 2011)
State v. Gresham
223 P.3d 1194 (Court of Appeals of Washington, 2009)
State v. Evans
150 P.3d 105 (Washington Supreme Court, 2007)
State v. Sweeney
107 P.3d 110 (Court of Appeals of Washington, 2005)
AC Ex Rel. Cooper v. Bellingham School Dist.
105 P.3d 400 (Court of Appeals of Washington, 2005)
A.C. v. Bellingham School District
105 P.3d 400 (Court of Appeals of Washington, 2004)
State v. Keena
87 P.3d 1197 (Court of Appeals of Washington, 2004)
State v. Davis
72 P.3d 1134 (Court of Appeals of Washington, 2003)

Cite This Page — Counsel Stack

Bluebook (online)
113 Wash. App. 673, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hepton-washctapp-2002.