State v. Hoang

6 P.3d 602
CourtCourt of Appeals of Washington
DecidedAugust 7, 2000
Docket44393-3-I
StatusPublished
Cited by24 cases

This text of 6 P.3d 602 (State v. Hoang) 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. Hoang, 6 P.3d 602 (Wash. Ct. App. 2000).

Opinion

6 P.3d 602 (2000)
101 Wash.App. 732

STATE of Washington, Respondent,
v.
Minh HOANG, Appellant.

No. 44393-3-I.

Court of Appeals of Washington, Division 1.

August 7, 2000.

*603 Jason Brett Saunders, Seattle, for Appellant.

Catherine Marie Myers, King Co. Prosecutor's Office, Seattle, for Respondent.

KENNEDY, J.

Relying on State v. Ladson, 138 Wash.2d 343, 979 P.2d 833 (1999), and State v. DeSantiago, 97 Wash.App. 446, 983 P.2d 1173 (1999), Minh Hoang contends that his possession of cocaine conviction must be reversed because the cocaine was discovered as the result of a pretextual traffic stop in violation of article 1, section 7 of the Washington constitution. But the trial court's unchallenged findings of fact fully support its conclusion that this traffic stop was not unconstitutionally pretextual, and it is clear from the record that the trial court considered the totality of the circumstances in making that determination, as required by Ladson. Accordingly, we affirm.

FACTS

On November 6, 1997, Seattle Police Officer Aaron Kamalu was on routine patrol duty. He had come on duty at 3:30 a.m., and was scheduled to work until half-past noon that day. A few minutes after 4 a.m., Officer Kamalu was parked with the lights of his patrol vehicle out in the vicinity of Rainier Avenue South and South Garden Street, a part of his regular beat. This is a Vietnamese neighborhood in Seattle that is known to be a narcotics hotspot. Notwithstanding the late hour, a number of individuals were milling about on the street, and the officer was observing their activities. Based on the officer's description of the location of his vehicle, it is safe to assume that none of these individuals knew they were being observed by police.

As the officer watched, a maroon-colored Honda Civic slowly drove southbound along Rainier Avenue South, and pulled to a stop next to a group of individuals. These individuals approached the car, and appeared to talk with the driver. A moment or two later the vehicle moved slowly toward another group of individuals, and again pulled to a stop. These individuals also approached the car, and a conversation ensued. The officer suspected, based on these observations and his experience patrolling this neighborhood, that a drug deal might be going down. But he saw no exchanges take place. As the officer continued to observe, the vehicle started moving again and made a turn onto South Garden Street. That street ends in a cul-de-sac. The vehicle turned around and proceeded back toward Rainier Avenue South. The vehicle stopped at the stop sign that controls that intersection, and then made a left-hand turn, northbound onto Rainier Avenue South, without signaling. The officer activated his overhead rotating lights and front flashers and pulled in behind the Honda Civic, bringing it to a stop within about a block.

Minh Hoang, a Vietnamese man, was the driver of the Honda Civic. He was alone in the car. When the officer approached the driver's side, he noticed that Hoang was holding his right arm across his body with his right hand near his left hip. This seemed odd to the officer. The officer also noticed that the Honda Civic had no license plates.

Officer Kamalu asked Hoang for his driver's license, and the registration and certificate of insurance for the vehicle. Hoang could not produce a driver's license, but provided the officer with his name and birthdate. The officer utilized the computer in the patrol car to check the status of Hoang's driver's license, and learned that the license had been suspended. The officer then returned to the Honda Civic, asked Hoang to step from the vehicle, and placed him under arrest for driving while his license was suspended. Placing Hoang in the patrol car with his hands cuffed behind his back, the officer proceeded to search the passenger compartment of the Honda Civic, starting with the driver's side. There, in plain view, in the space between the driver's seat and driver's door, near where Hoang had rested *604 his right hand on his left hip, the officer saw a small rock that he believed, based on his experience, to be cocaine. The officer field tested the rock and received a positive result for cocaine. He then read Hoang his Miranda[1] rights and showed him the rock. Hoang claimed that a black man had tossed the rock into his vehicle.

Officer Kamalu then obtained the vehicle identification number for the Honda Civic, locked the vehicle, and left it legally parked. He drove Hoang to the precinct station and booked him for possession of cocaine. The officer did not issue a citation for failing to signal the left-hand turn, driving while license suspended, or driving without license plates.

The State charged Hoang with possession of cocaine. At the CrR 3.6 suppression hearing, Officer Kamalu testified to the above facts. In response to questioning, he explained that he pulled Hoang over for failing to signal a left turn. But for the failure to signal the turn, the officer testified that he would not have stopped the vehicle. In response to further questioning, he explained that it was not his practice to issue a citation for traffic violations where felony charges would ultimately be filed.

Hoang also testified at the suppression hearing. He admitted that the left-turn signal on the Honda Civic was not in working order on the night of his arrest. His testimony differed from that of the officer in several respects, none of which are relevant to the issue in this appeal. Thus, we need not summarize the remainder of his testimony.

Defense counsel argued that the stop for the traffic infraction was pretextual. Because the suppression hearing was held some five months before the Supreme Court handed down its opinion in State v. Ladson, 138 Wash.2d 343, 979 P.2d 833 (1999), neither counsel articulated the "totality of the circumstances" requirement found in that case, and both sides argued that the question before the court was whether the traffic stop was objectively reasonable. See id. at 359, 979 P.2d 833. In summing up, the trial court this case found that the traffic stop was objectively reasonable, but also noted the following circumstances supporting the ruling that the stop was not pretextual:

[T]he officer did nothing to depart from [normal procedure] in making a stop to enforce traffic regulations.... [W]hen he made contact with the Defendant, it was very clear in the testimony that the officer did not inquire about anything except [ ] questions that would be asked on a routine traffic stop: Do you have a driver's license, can I see your registration and your insurance [] certificate. There were no questions about what he was doing there at that time of the morning.

Report of Proceedings at 129-30.

The trial court subsequently entered the following written finding of fact:

[Officer] Kamalu was acting within his normal traffic control duties when he acted by pulling the defendant over for failing to signal. The court finds that [Officer] Kamalu would have made the same decision to contact the defendant in the course of a general traffic patrol. The court finds that there is no issue of a "pretext" stop on this record.

Clerk's Papers at 26.

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6 P.3d 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hoang-washctapp-2000.