State v. Patterson

515 P.2d 496, 83 Wash. 2d 49, 1973 Wash. LEXIS 598
CourtWashington Supreme Court
DecidedNovember 1, 1973
Docket42276
StatusPublished
Cited by117 cases

This text of 515 P.2d 496 (State v. Patterson) is published on Counsel Stack Legal Research, covering Washington Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Patterson, 515 P.2d 496, 83 Wash. 2d 49, 1973 Wash. LEXIS 598 (Wash. 1973).

Opinions

Hale, C.J.

While executing a search warrant, Spokane [50]*50police officers found two capsules of heroin on the searched premises, and one capsule of heroin on the person of defendant Jesse Patterson. They also found what the parties describe as “miscellaneous narcotics paraphernalia, and miscellaneous papers and pieces of identification” apparently connecting the defendants with the premises.

Seizing the narcotics and other articles, the officers arrested defendants Jesse Patterson and Donald Richard Morgan at the scene of the search, and the prosecuting attorney filed a complaint against them in Spokane County District Court. August 5, 1971, the prosecuting attorney superseded the district court complaint by filing an information in superior court charging Patterson and Morgan with unlawful possession of the narcotic drug, heroin.

Defendants moved to quash the search warrant and suppress the evidence seized in the search. The motion came on for hearing at the call of the regular weekly motion docket of the Superior Court for Spokane County before Judge George T. Shields who denied the motion October 15, 1971. Thereupon, the case was assigned for trial before Judge William H. Williams, to whom defendants renewed their motion to quash and suppress. Following extensive argument, the learned trial judge, concluding that the affidavit supporting the search warrant was legally insufficient because it failed adequately to set forth a probable cause for its issuance, granted the motion to quash and ordered the evidence obtained in the search suppressed. The state, by alternative writ of certiorari, now seeks an order vacating the superior court’s order quashing the search warrant and suppressing the evidence.

The search warrant, issued October 22, 1970, from “The Justice Court of the State of Washington In and For the County and District of Spokane” bore the signature of Gordon S. Lower, District Court Judge. There is no contention that Judge Lower was not a legally constituted and duly qualified and acting judicial officer, possessing all constitutional and statutory powers requisite to the issuance of [51]*51warrants for search, seizure and arrest. The search warrant recited that one James R. Albright had made complaint on oath to Judge Lower; that the complainant believed that narcotics and dangerous drugs were being unlawfully used, manufactured, sold, given away, furnished and kept on the premises of 613 South Sheridan Street, Spokane; and that the judge found reasonable and probable cause to believe the recited facts to be true. The warrant ordered peace officers to enter the premises of 613 South Sheridan Street in Spokane, and diligently search for and seize all narcotic and dangerous drugs and “furniture and fixtures used or kept for the illegal manufacture, sale, barter, exchange, giving away, furnishing or otherwise disposing” of narcotics and dangerous drugs, and to make a return to the issuing court within 3 days showing all acts done and things seized pursuant to it.

We have accepted review largely because two judges of the superior court on diverging views, in considering the sufficiency of the complaint or affidavit for the search warrant, reached differing conclusions.

The question, therefore, is whether the warrant was issued in violation of either the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

or article 1, section 7 of the state constitution which states:

No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

More precisely, our function, therefore, after considering all of the information and the manner and form in which it was presented to the judge of the district court, is whether that court had probable cause under the constitutions to issue the warrant. A secondary but inherent question is to what extent may hearsay evidence be included in the com[52]*52plaint, affidavit or testimony upon which the warrant is sought.

Reasonableness is the key ingredient in the test for issuance of a search warrant. That is precisely what the federal constitution says and our state constitution necessarily implies. Do the, documents or testimony supporting the warrant give a fair-minded, independent judicial officer, on considering all of the facts and circumstances set before him on oath or affirmation, good reason to issue the warrant?

Good reason for the issuance of a search warrant does not necessarily^ mean proof of criminal activity but merely probable cause to believe it may have occurred. Beck v. Ohio, 379 U.S. 89, 13 L. Ed. 2d 142, 85 S. Ct. 223 (1964). Suspicion, belief and guess alone are not enough. If the affidavit contains none of the underlying facts or circumstances from which the magistrate can find probable cause and is no more than a declaration of suspicion and belief, it is legally insufficient. Nathanson v. United States, 290 U.S. 41, 78 L. Ed. 159, 54 S. Ct. 11 (1933). And, if the statements of an informant are included in the affidavit or complaint for the search warrant, probable cause means that the issuing magistrate should have before him a substantial and intelligent basis for crediting the report of the informant.

Where the informant’s identity is unrevealed, the supporting documents or testimony must provide the issuing court with a stronger basis for finding the hearsay statements credible than if the informant is identified. United States v. Harris, 403 U.S. 573, 29 L. Ed. 2d 723, 91 S. Ct. 2075 (1971). In either case, whether of revealed or unrevealed informants, the affidavits or complaint must go beyond mere conclusions that illegal activities are or have been going on in the premises to be searched (Aguilar v. Texas, 378 U.S. 108, 12 L. Ed. 2d 723, 84 S. Ct. 1509 (1964)); and mere assertions that the applicant for the warrant harbors a suspicion or belief that articles relevant to prove such activity will be found there are insufficient. Giordenello v. United States, 357 U.S. 480, 2 L. Ed. 2d 1503, [53]*5378 S. Ct. 1245 (1958); Nathanson v. United States, supra. But the issuance of a search warrant is and always has been a matter of judicial discretion, the exercise of which may be tested on review. The ultimate question on review is whether, in discharging his duties, the judicial officer who issued the search warrant abused his discretionary powers.

Does this record show that the judge of the district courf authorized an unreasonable search as that term is meant under the constitution? We think not. When an application for a search warrant is made to a judicial officer, he is obliged neither to treat the matter as an adversary proceeding, nor sua sponte to challenge the contents of the supporting documents.

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Cite This Page — Counsel Stack

Bluebook (online)
515 P.2d 496, 83 Wash. 2d 49, 1973 Wash. LEXIS 598, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-patterson-wash-1973.