State v. Maddox

67 P.3d 1135, 116 Wash. App. 796
Court of Appeals of Washington·Decided April 29, 2003·No. No. 27455-8-II·Published·Cited by 33 cases

Opinion

Morgan, J.

Christopher Dorian Maddox was convicted of two counts of possessing a controlled substance with intent to deliver. He contends on appeal that the police unlawfully searched his home. We affirm.

On or before September 15, 2000, an informant told the police that he had purchased methamphetamine from Maddox at least 35 times in the past four years, typically in [799] “quantities up to four ounces!.]”1 The record does not show whether those purchases occurred at Maddox’s home.

On September 15, the informant arranged a controlled buy at Maddox’s house. The informant was searched by officers, furnished with cash, and watched until he entered the house. He emerged a few minutes later with methamphetamine. He related that he had bought the methamphetamine from Maddox and that Maddox had said he might be able to buy more if he “would bring back ‘cash.’ ”2

On September 18, 2000, Detective Mary Parsons applied for a warrant to search Maddox’s house. She described the September 15 controlled buy and related that the informant had successfully made two other controlled buys. She stated that public or law enforcement records showed that Maddox owned the house in question, that Maddox was the registered owner of a car parked in the driveway of the house, and that Maddox had a 1998 felony drug conviction. She related that the informant could identify methamphetamine, that the informant was “working with law enforcement in exchange for a favorable recommendation on pending felony drug charges!,]”3 and that the informant was wanted on a DUI (driving under the influence) warrant that was being held in abeyance at police request.

On September 18, 2000, at 4:06 p.m., the search warrant was issued by a magistrate. It authorized a search of the house for methamphetamine; paraphernalia used for packaging, weighing, and distributing methamphetamine; and [800] currency, books, and records.4 In accordance with CrR 2.3(c), it required that the search occur “within 10 days[.]”5

[801] The police did not serve the search warrant immediately. Instead, they had the informant conduct two more controlled buys at Maddox’s house.

The first postwarrant buy took place on September 21, 2000. The informant was again searched by officers to ensure he did not have drugs on his person. He was given $600, told to buy half an ounce of methamphetamine, and watched until he entered Maddox’s house. He emerged a few minutes later with a full ounce of methamphetamine. He explained that Maddox had prepackaged his methamphetamine in full-ounce packets and would not sell part of a packet. Maddox had “fronted” the additional half ounce for which the informant had not had money, so the informant now owed Maddox a “debt.”6

The second postwarrant buy occurred on September 27, 2000. Once again, the informant was searched to ensure he did not have drugs on his person. He was instructed “to buy more [m]ethamphetamine if he could[,]” and also “to pay the ‘debt’ from . . . September 21, 2000.”7 He was furnished with $1,000 in identifiable bills and watched until he entered Maddox’s house. He emerged a few minutes later without methamphetamine and with only $280 in cash. He said that he had used $720 to pay “debts” he owed to Maddox, and that Maddox had claimed to be “out of [m] eth-amphetamine” for “a couple days.”8

On September 28, 2000, at 2:45 p.m., the police served the warrant they had been holding since September 18. They found and seized 881.6 grams of marijuana and 45 ecstasy pills, but no methamphetamine. They found and seized an electronic scale, $2,100 in cash (including the $720 furnished to the informant on September 27), and “misc[ella-neous] papers.”9 The “papers” were not offered in the trial [802] court and are not included (or even described) in the record on appeal.

On November 16, 2000, the State charged Maddox with two counts of delivery of methamphetamine (Counts I and II), possession with intent to deliver marijuana (Count III), and possession with intent to deliver ecstasy (Count IV).10 Later, the State added a school zone enhancement to each count.

In March 2001, Maddox moved to sever Counts I and II from Counts III and IV. The motion was granted, and Counts I and II were tried to a jury later that month. The jury acquitted on both.

Meanwhile, Maddox moved to suppress the marijuana underlying Count III and the ecstasy underlying Count IV. He also waived a jury on Counts III and IV. In June 2001, the trial court denied his motion to suppress, convened a bench trial on stipulated facts, and convicted him on Counts III and IV. He now appeals those convictions, contending that the search of his home was unlawful.

I

Maddox claims that the warrant was not lawfully issued on September 18. This is true, he says, because (A) there was no probable cause to believe that methamphetamine would be found in his home; (B) there was no probable cause to believe that evidence of methamphetamine dealing would be found in his home; and (C) the warrant purported to authorize a search for books and records not related to methamphetamine dealing, and thus was “overbroad.”

A

As just indicated, Maddox claims that there was no probable cause to believe methamphetamine would be found in his home. To determine whether there was prob[803] able cause, we must examine whether the facts presented to the magistrate were sufficient to support a reasonable inference that methamphetamine would probably be found in Maddox’s home.11

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State v. Maddox, 67 P.3d 1135, 116 Wash. App. 796 (Wash. Ct. App. 2003).

67 P.3d 1135 (State v. Maddox) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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