State v. Moore

120 P.3d 635
Court of Appeals of Washington·Decided October 3, 2005·No. 54336-9-I·Published·Cited by 7 cases

Opinion

120 P.3d 635 (2005)

STATE of Washington, Respondent,
v.
Alex Undrae Paul MOORE, Appellant.

No. 54336-9-I.

Court of Appeals of Washington, Division 1.

October 3, 2005.

*637 Susan Wilk, Washington Appellate Project, Seattle, WA, for Appellant.

Thomas M. Curtis, Snohomish County Prosecutor's Office, Everett, WA, for Respondent.

COX, C.J.

¶ 1 A warrantless search or seizure is presumed unreasonable under the Fourth Amendment.[1] A narrow exception to the warrant requirement exists when the police act in a community caretaking role.[2] This role encompasses search and seizure of automobiles, emergency aid, and routine checks on health and safety.[3] When acting in such a role, the police may be justified in making a warrantless search or seizure.[4] Courts cautiously apply the exception because of the potential for abuse.[5]

¶ 2 Another exception to the warrant requirement is a Terry stop.[6] "The reasonableness of such a detention depends `on a balance between the public interest and the individual's right to personal security free from arbitrary interference by law officers.'"[7] The State bears the burden of showing that the search or seizure falls within exceptions to the warrant requirement.[8]

¶ 3 Here, a police officer stopped an automobile that was registered to an owner who was reported "missing/endangered." During the brief detention of the automobile's driver and its passengers, the officer was unable to fully dispel her concern whether any passenger was the person reported as missing/endangered. But the officer's interaction with Alex Moore, one of the passengers, indicated that he was the subject of an outstanding felony warrant. Following verification of his identity through the alias he gave police and distinctive tattoos on his forearms, police arrested him based on the warrant. In a search incident to arrest, they discovered the controlled substance that is the basis for this prosecution. The entire interaction between police and Moore from the time of his stop to his arrest took between 10 to 15 minutes.

¶ 4 We hold that the initial stop, brief detention, and police interaction with Moore were valid because they were based on the community caretaking function. When the purpose of the police interaction changed from community caretaking to criminal investigation, the police reasonably developed the information they then had to verify Moore's identity as the subject of the outstanding felony warrant. Finally, the search incident to arrest leading to the discovery of the evidence was valid. We affirm.

*638 ¶ 5 Sergeant Kate Hamilton of the Mill Creek Police Department was exiting a parking lot in her marked patrol car when she was nearly struck by another car entering the lot. She ran the license plate number of the car through her computer and learned that Robert Morris, the registered owner, was listed as "missing/endangered" from the Seattle area. The listing neither provided a physical description of Morris nor explained anything more about his status or the reasons for it.

¶ 6 Hamilton caught up to and stopped the car to determine if Morris was inside. The driver was a woman. It was dark and Hamilton was initially unable to determine how many passengers were inside the car.

¶ 7 Sergeant Hamilton informed the occupants why she had stopped the car and asked the passengers if any of them was Morris. Each passenger said he was not. The front passenger, later identified as Moore, stated that they had borrowed the car from Morris. Moore also said that Morris was at his house waiting for them.

¶ 8 Sergeant Hamilton asked the passengers for identification. The driver, Moore, and the second passenger each provided only verbal identification—a name and a date of birth. Moore gave the name "Kenneth Black" and a false birth date. The third passenger produced a Washington State identification card.

¶ 9 Sergeant Hamilton asked Moore how she could reach Morris. Moore told her that Morris had no telephone at his home.

¶ 10 Sergeant Hamilton then ran the information from the three passengers through her computer and determined that the information provided by Moore and the woman driver was inaccurate. The female driver was also listed as "missing/endangered," and had two outstanding arrest warrants.

¶ 11 The search results for the name Moore had provided, "Kenneth Black," showed that this was an alias for "Alex Moore." The results also showed that he had an outstanding felony warrant and included information about identifying tattoos on Alex Moore's forearms.

¶ 12 Sergeant Hamilton called for backup. She asked Moore and the other passengers to step out of the car and sit on the curb, which they did. A responding officer arrived and demanded that Moore, as the subject of the outstanding warrant, roll up his long sleeves to verify his identity through tattoos on his forearms. The officers checked the tattoos, confirming Moore's identity, and placed him under arrest on the basis of the outstanding felony warrant. Moore then gave his true name and birth date. In a search incident to arrest, the officers discovered a bottle containing Diazepam pills.

¶ 13 Based on the results of the computer search, police also arrested the driver on her outstanding warrants.

¶ 14 The State charged Moore with one count of possession of a controlled substance. At a bench trial, Moore moved to suppress the pills on the grounds that the search and seizure of Moore exceeded the scope of permissible action under the community caretaking exception to the warrant requirement. The trial court denied the motion to suppress and convicted Moore based on stipulated facts. The court sentenced him to a standard range sentence of 13 months.

¶ 15 Moore appeals, and the State cross-appeals.

SUPPRESSION HEARING FINDINGS

¶ 16 Moore assigns error to certain of the trial court's factual findings in its suppression order.[9] In its cross-appeal, the State *639 assigns error to the portion of finding of fact P that states: "Kahler rolled up the defendant's sleeves so he could examine his arms for tattoos."

¶ 17 In reviewing findings of fact on a motion to suppress, this court "will review only those facts to which error has been assigned."[10] The trial court's findings of fact are presumed correct and the party assigning error to those findings bears the burden of proving that the findings are not supported by the record.[11]

¶ 18 Generally, findings are viewed as verities on appeal, provided there is substantial evidence to support them.[12] Substantial evidence exists where there is a sufficient quantity of evidence in the record to persuade a fair-minded, rational person of the truth of the finding.[13]

¶ 19 Moore presents no argument to substantiate the absence of substantial evidence to support the challenged findings. For example, Moore challenges the court's finding that "Hamilton was unable to determine anything about Morris' status or the reason for it," but fails to show lack of substantial evidence. There is no dispute that Sergeant Hamilton "was provided no physical description for Morris." Likewise, there is substantial evidence, from Hamilton's testimony, to support the finding that Hamilton asked for identification to determine if Morris was in the car.

¶ 20 We conclude that substantial evidence in the record supports the findings of fact Moore challenges.

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State v. Moore, 120 P.3d 635 (Wash. Ct. App. 2005).

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