State v. Mitchell

186 P.3d 1071, 145 Wash. App. 1
Court of Appeals of Washington·Decided March 3, 2008·No. No. 58935-1-I·Published·Cited by 33 cases

Opinion

Per Curiam

f 1 Matthew Mitchell appeals his conviction for possession of a controlled substance (cocaine), arguing the trial court abused its discretion by denying his motion to suppress the incriminating evidence. Mitchell claims that police officers improperly seized him without individualized reasonable suspicion of any criminal wrongdoing. In the alternative, Mitchell claims that his seizure amounted to a pretextual stop in violation of State v. Ladson.1 Finding no merit to either claim, we affirm Mitchell’s conviction.

¶2 Late one night, a 911 caller reported that a man was being robbed and assaulted in a grocery store parking lot. Within a matter of minutes, several law enforcement vehicles arrived at the scene. Other patrol cars pursued and stopped the pickup truck the alleged suspects used to flee from the scene.

¶3 At the scene of the reported incident, the apparent victim, Matthew Preston Mitchell, was being treated for his injuries. Mitchell told the police that he had been assaulted by two people while he was in the parking lot, but later changed his story, stating that the suspects had at one point been inside his car. When a deputy asked permission from Mitchell to process the vehicle for evidence of the robbery, Mitchell denied the request. Mitchell then stated that he was no longer interested in participating in the investigation, and that he wanted to leave the scene. The deputy asked Mitchell to remain at the scene because he was the victim of a violent crime that was being investigated. When Mitchell told him that he was afraid he might be harmed if he cooperated with police, the deputy tried to calm his fears. After talking with the deputy, Mitchell agreed to try to identify his attackers in a showup. Meanwhile, the deputy [4] saw what appeared to be marijuana in Mitchell’s car, which led to a K-9 drug dog being ordered to the scene. When the dog arrived, it signaled that there were drugs in Mitchell’s vehicle.

¶4 Mitchell was taken to where the suspects were detained and identified his assailants. He then provided a written statement before he was returned to the grocery store parking lot and allowed to leave. Mitchell’s vehicle, however, was impounded. A search warrant was obtained, and cocaine and drug paraphernalia were found in the car. Mitchell was charged with unlawful possession of cocaine.

¶5 Before trial, Mitchell moved to suppress the cocaine, arguing that he was illegally seized during his encounter with the police After considering the testimony and other evidence presented, the court denied the motion to suppress, concluding that Mitchell had not been seized in violation of his constitutional rights. The court entered the following findings of fact and conclusions of law:

I. FINDINGS] OF FACT

1. On September 9th, 2005 at 11:15 P.M. there was a robbery with a reported gun at 148th St. and Hwy. 99 in Snohomish County, WA.

2. Several Snohomish County Sheriff’s Deputies and Washington State Patrol Troopers responded to the scene.

3. Matthew Mitchell, the Defendant, was found at the scene and was being treated by aid personnel. The Defendant had made statements, and had injuries consistent with being a victim of a robbery.

4. The Defendant was being treated as a victim, not a suspect!,] at this point.

5. The Defendant related to law enforcement that he had been inside his car with one of his assailants, and that the assailant had threatened him with a gun. The Defendant thought he was joking and left the car. The assailant followed him out of the car, struck him several times in the head with what appeared to be a gun and stole money from the Defendant.

[5]*56. Throughout his contact with the police, the Defendant[’s] recitation of the events changed and certain details were added or omitted.

7. At this time, police units were coordinating with each other, searching for the assailants and investigating the crime scene.

8. Sheriff’s Office personnel requested to look in the Defendant’s car for fingerprints or other evidence that would link the assailants to the Defendant. The Defendant denied consent to look in the vehicle.

9. The Defendant announced that he was not interested in participating with the investigation and wanted to leave the scene. [The deputy] indicated that the Defendant needed to stay because he was the victim 'of a violent crime that was being investigated.

10. A narcotics K-9 was ordered.

11. At some time sheriff deputies spotted pieces of green vegetable matter through the window of the Defendant’s car. The green vegetable matter appeared to be marijuana.

12. At some time during police contact with the Defendant’s girlfriend, who was present during the robbery, she related that she and the Defendant were at the location to buy marijuana.

13. The K-9 arrived on the scene and indicated that there were drugs in the Defendant’s vehicle.

14. A search warrant was applied for and cocaine and drug paraphernalia [were] found in the Defendant’s car.

II. CONCLUSIONS OF LAW

1. Police personnel were initially investigating this incident on two levels, with the Defendant being both a victim and a suspect. This investigation was proper.

2. Police personnel received an evolving statement about the events from the Defendant.

3. This evolving statement gave a reason for the police to investigate the information.

4. The Defendant was detained during this investigation, but the detention was not improper or impermissibly lengthy.

[6]*65. Based upon the information known to the police officers at the time, there were no violations of Terry.[2] The officers were investigating a serious, violent offense.

6. The Defendant’s level of cooperation was inconsistent with what had occurred. Police personnel have an obligation to investigate. The scope of the investigation was not unduly intrusive.

7. Statements made by the Defendant to law enforcement in response to the narcotics K-9 being ordered shall be suppressed, but may be explored on rebuttal [as the court finds they are voluntary]. All other statements shall be admissible in the State’s case in chief, subject to the rules of evidence.

¶6 Following a bench trial based on stipulated evidence, Mitchell was found guilty as charged.

¶7 On appeal, Mitchell argues that he was detained in violation of his rights under the federal and state constitutions. Mitchell argues his conviction must be reversed because the cocaine seized from his vehicle should have been suppressed. We disagree.

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State v. Mitchell, 186 P.3d 1071, 145 Wash. App. 1 (Wash. Ct. App. 2008).

186 P.3d 1071 (State v. Mitchell) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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