State v. Patterson

774 P.2d 10, 112 Wash. 2d 731, 1989 Wash. LEXIS 68
CourtWashington Supreme Court
DecidedJune 15, 1989
Docket54111-6
StatusPublished
Cited by58 cases

This text of 774 P.2d 10 (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, 774 P.2d 10, 112 Wash. 2d 731, 1989 Wash. LEXIS 68 (Wash. 1989).

Opinions

Utter, J.

The State seeks review of a Court of Appeals decision affirming a trial court's suppression of evidence based on the State's failure to show that exigent circumstances necessitated searching a parked, secured, unoccupied car without a warrant. We reverse and find there were enough additional factors in this case to constitute "exigent circumstances."

The facts are stipulated. At 6:06 a.m. on November 16, 1982, Officers Abernathy and Krueger were dispatched to respond to a burglary at the American Music Company. Officer Krueger arrived at the scene within 30 seconds of dispatch. En route, Krueger noticed a white over blue Cadillac going the wrong way on a 1-way street two blocks from the music store. At the store, Krueger observed the display window was broken. He advised responding units about the white over blue Cadillac but did not give the license number or other identifying information. After the owner of the store arrived, he told Krueger that two "P.A. Boards" were missing.

At 6:11 a.m., Officer Abernathy located a white over blue Cadillac parked at an apartment complex 6 blocks from the music store. Officer Ferrell arrived shortly thereafter. The officers noticed a white amp pigtail hanging outside the right front door of the car. The treads of the car were wet but the sidewalls and hubcaps were dry. The ground under the car was dry. Without entering the. car, the officers observed two stereo amplifiers on the passenger seat, one with a price tag attached and both apparently new. They also observed that the front floor mats were wet, the driver's side wetter than the passenger's side. The apartment [733]*733manager told the officers that her husband's car had been parked in the same parking space until shortly before 6 a.m. when he had left for work. The officers did not know the whereabouts of the driver of the vehicle.

Officers Kandoll and McNicholas joined Abernathy and Ferrell. No officer attempted to obtain a search warrant through any means. Officer Ferrell entered the car and found a receipt made out to Marcus Patterson in the glove box and an address book on the floorboard. A radio check showed the car registered to Victor Dolezal. The address book led the officers to Cheryl Thomas's apartment where they found Marcus Patterson. The officers arrested Patterson approximately 20 minutes after they had located the Cadillac. After being advised of his constitutional rights, Patterson stated that he understood them and confessed.

On November 19, 1982, Patterson pleaded not guilty to charges of second degree burglary and second degree theft. After he failed to appear for trial, he was arrested on a bench warrant in January 1986. He moved to suppress both the evidence found in his car and his confession. The trial court found that although the officers had probable cause to search the car, there were no exigent circumstances that made it impractical for the officers to obtain a warrant. Consequently, the court suppressed the evidence. Because the ruling on suppression disposed of the case, the trial court dismissed it with prejudice. The Court of Appeals affirmed the trial court's decision. We granted the State's petition for review.

A recent case from our sister state discusses the availability of constitutional protections where there is a parked, unoccupied car. State v. Kock, 302 Or. 29, 725 P.2d 1285 (1986). At 5:30 a.m., two officers were watching the parking and entry area of a store. They knew that the defendant, an employee, had no authority to remove merchandise from the store. At 5:42 a.m., the defendant left the store carrying a box covered with newspaper. He approached his car, removed something from the box, placed it in the car, and [734]*734partially covered the item with clothing. After the defendant returned to the store, the officers approached the car. Without entering the car, they could not identify the item. They opened the door, seized the item, and found it contained merchandise. An arrest of the defendant followed. 725 P.2d at 1286.

The Oregon court rejected an argument that this was a search incident to arrest and focused on the narrow issue that is also before us. They assumed there was probable cause for the search of the automobile, as exists in our case, but stated:

We nevertheless hold that any search of an automobile that was parked, immobile and unoccupied at the time the police first encountered it in connection with the investigation of a crime must be authorized by a warrant issued by a magistrate or, alternatively, the prosecution must demonstrate that exigent circumstances other than the potential mobility of the automobile exist.

Kock, at 33. The court relied on Oregon's constitution to decline to follow California v. Carney, 471 U.S. 386, 85 L. Ed. 2d 406, 105 S. Ct. 2066 (1985).

Our preexisting case law compels us to reach the same conclusion as the Oregon court in Kock. Pursuant to the unique language of our own constitution, we have carefully restricted automobile searches to balance an individual's privacy interest against a real state and societal need to search; mere convenience is simply not enough. See Seattle v. Mesiani, 110 Wn.2d 454, 755 P.2d 775 (1988) (an individual's privacy interest in a vehicle outweighed the State's interest in regulating vehicles by instituting a sobriety checkpoint program); State v. Kennedy, 107 Wn.2d 1, 726 P.2d 445 (1986) (an officer's "objective reasons" for believing an investigatee might be hiding a weapon, and a risk of danger to officers, warranted a Terry stop search for weapons within the immediate control of the investigatee or a companion); State v. Stroud, 106 Wn.2d 144, 720 P.2d 436 (1986) (potential danger to officers and destructibility of evidence warranted a bright-line rule for a search incident [735]*735to arrest); State v. Simpson, 95 Wn.2d 170, 622 P.2d 1199 (1980) (search of a VIN [serial] number located inside the door of a parked, locked, unoccupied truck when the defendant was in custody violated Const. art. 1, § 7 and the Fourth Amendment).

Necessity, a societal need to search without a warrant, provides the underlying theme in these decisions. Against societal need, we balance privacy interests provided by article 1, section 7 of our own constitution. Both analysis under the factors outlined in State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808 (1986), and scholarly commentary support our independent interpretation of that provision. See Gunwall (analyzing Const. art. 1, § 7); see also Nock, Seizing Opportunity, Searching for Theory: Article I, Section 7, 8 U. Puget Sound L. Rev. 331, 366 (1985).

In the areas of search incident to arrest and Terry stops, we found that concerns for the safety of officers and potential destructibility of evidence do outweigh privacy interests and warrant a bright-line rule permitting limited searches. See State v. Stroud, supra; State v. Kennedy, supra. However, the concerns are not the same when officers approach a parked, immobile, unoccupied, secured vehicle. In such a situation no bright-line rule is necessary. If exigencies in addition to potential mobility exist, they will justify a warrantless search.

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Cite This Page — Counsel Stack

Bluebook (online)
774 P.2d 10, 112 Wash. 2d 731, 1989 Wash. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-patterson-wash-1989.