State v. Lajeunesse

555 P.2d 120, 27 Ariz. App. 363, 1976 Ariz. App. LEXIS 618
CourtCourt of Appeals of Arizona
DecidedAugust 17, 1976
DocketNo. 1 CA-CR 1467
StatusPublished
Cited by3 cases

This text of 555 P.2d 120 (State v. Lajeunesse) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Lajeunesse, 555 P.2d 120, 27 Ariz. App. 363, 1976 Ariz. App. LEXIS 618 (Ark. Ct. App. 1976).

Opinions

OPINION

JACOBSON, Presiding Judge.

After a trial by jury, appellant was found guilty of manslaughter while driving a motor vehicle, a misdemeanor, and was placed on probation for one year. On appeal, he raises three issues.

1. Whether paint samples taken from appellant’s car while it was in a towing company parking lot violated his Fourth and Fourteenth Amendment rights and made the evidence seized inadmissible.
2. Whether the complaint against appellant should be dismissed because the police officers who investigated' the accident did not obtain the name of a witness.
3. Whether the trial court improperly permitted a police officer to testify as an accident reconstruction expert when the witness was not qualified by training or experience as an expert and whose opinion was based upon assumptions not supported by the evidence.

As to the first issue, appellant’s car was severely damaged in the accident, and was taken to a private company’s storage yard. The next day a Phoenix police officer entered the yard and removed a small quantity of paint samples from the exterior of [365]*365the vehicle. Appellant moved to suppress the admissibility of the paint samples on the grounds that they were seized in violation of his fourth and fourteenth amendment rights. His motion was denied by the trial court. Appellant does not contend that there was not probable cause for the police to take the paint samples nor that the towing of his automobile to the storage yard was improper. Rather, he contends only that the police were required to obtain a search warrant before removing the paint samples, asserting that because the police officers had ample opportunity to obtain a warrant, any evidence obtained without the warrant is inadmissible.

In deciding this issue, we are persuaded by the plurality opinion of the United States Supreme Court in Cardwell v. Lewis, 417 U.S. 583, 94 S.Ct. 2464, 41 L.Ed.2d 325 (1974). Unfortunately, because neither party has cited Cardwell in its brief, we do not have the benefit of counsels’ argument on the issue. However, because of the similarity of the facts between this case and Cardwell, we feel that Cardwell is helpful in our disposition of this matter.

In Cardwell, the defendant was arrested for murder. The police had probable cause to believe that his car had been used in the crime. After his arrest, the police towed his car from a commercial parking lot to the police impoundment lot. The next day a police technician made a plaster cast of the tread of the automobile’s right rear tire and removed paint samples from the car. At trial, the technician testified that the cast taken from appellant’s car matched a cast of a tire impression found at the scene of the crime and the foreign paint samples found on the victim’s car were not different from those taken from the defendant’s car.

In a habeas corpus petition, appellant contended that the “search” of the car and the seizure of his automobile by the police violated his fourth and fourteenth amendment rights. The federal district court granted his petition and the Sixth Circuit affirmed. On certiorari, the United States Supreme Court reversed the district court and the circuit court. The court was split three ways in its decision. Four members of the Court (Chief Justice Berger and Justices Blackmun, White and Rehnquist) felt that the removal of the paint samples and seizure of the automobile were reasonable and also that the testimony of the police technician was admissible. Justice Powell concurred in the result on the grounds that “federal collateral review of a State prisoner’s Fourth Amendment claims — claims which rarely bear on innocence — should be confined solely to the question of whether the petitioner [for habeas corpus] was provided a fair opportunity to raise and have adjudicated the question in the state courts.” 417 U.S. at 596, 94 S.Ct. at 2472. Justice Powell concluded that because there was no such contention in Cardwell, the conviction of the defendant should be affirmed.

The remaining four Justices (Stewart, Douglas, Brennan and Marshall) dissented on the grounds that the initial towing of the automobile was an unreasonable seizure. Those Justices did not discuss the issue of whether the taking of the cast of the rear tire and the removal of the paint samples were improper.

The plurality opinion correctly concluded that the primary objective of the fourth amendment is the protection of privacy, not the protection of property rights. The court stated “The decisions of this Court have time and again underscored the essential purpose of the Fourth Amendment to shield the citizen from unwarranted intrusions into his privacy.” 417 U.S. at 589, 94 S.Ct. at 2469, quoting Jones v. United States, 357 U.S. 493, 498, 78 S.Ct. 1253, 1256, 2 L.Ed.2d 1514 (1958).

Using this underlying principle, the court reasoned as follows:

“ ‘The search of an automobile is far less intrusive on the rights protected by the Fourth Amendment than the search of one’s person or of a building.’ Almeida-Sanchez v. United States, 413 U.S. 266, 279, 93 S.Ct. 2535, 2542, 37 L.Ed.2d 596 [366]*366(1973) (Powell, J., concurring). One has a lesser expectation of privacy in a motor vehicle because its function is transportation and it seldom serves as one’s residence or as the repository of personal effects. A car has little capacity for escaping public scrutiny. It travels public thoroughfares where its occupants and its contents are in plain view. See People v. Case, 220 Mich. 379, 388-389, 190 N.W. 289, 292 (1922). ‘What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.’ Katz v. United, States, 389 U.S. 347 at 351, 88 S.Ct. 507 at 511, 19 L.Ed.2d 576; United States v. Dionisio, 410 U.S. 1 at 14, 93 S.Ct. 764 at 771, 35 L.Ed.2d 67. This is not to say that no part of the interior of an automobile has Fourth Amendment protection; the exercise of a desire to be mobile does not, of course, waive one’s right to be free of unreasonable government intrusion. But insofar as Fourth Amendment protection extends to a motor vehicle, it is the right to privacy that is the touchstone for our inquiry.
“In the present case, nothing from the interior of the car and no personal effects which the Fourth Amendment traditionally has been deemed to protect, were searched or seized and introduced in evidence. With the ‘search’ limited to the examination of the tire on the wheel and the taking of paint scrapings from the exterior of the vehicle left in the public parking lot, we fail to comprehend what expectation of privacy was infringed. Stated simply, the invasion of privacy, ‘if it can be said to exist, is abstract and theoretical.’ Air Polution Variance Board v. Western Alfalfa Corp., 416 U.S. 861, 865, 94 S.Ct. 2114, 2116, 40 L.Ed.2d 607 (1974).

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Bluebook (online)
555 P.2d 120, 27 Ariz. App. 363, 1976 Ariz. App. LEXIS 618, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lajeunesse-arizctapp-1976.