State v. Rainford

936 P.2d 1210, 86 Wash. App. 431, 1997 Wash. App. LEXIS 807
CourtCourt of Appeals of Washington
DecidedMay 16, 1997
DocketNos. 19929-7-II; 21296-0-II
StatusPublished
Cited by18 cases

This text of 936 P.2d 1210 (State v. Rainford) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Rainford, 936 P.2d 1210, 86 Wash. App. 431, 1997 Wash. App. LEXIS 807 (Wash. Ct. App. 1997).

Opinion

Bridgewater, A.C.J.

David L. Rainford appeals his conviction for possession of a controlled substance, heroin, under RCW 69.50.401(d). We hold that reasonable suspicion is required to conduct a "dry cell” search and that [434]*434Rainford’s constitutional rights were not violated even though Clallam Bay Corrections Center did not follow exactly their procedure for a dry cell search. Further, Rainford’s conviction and enhancement for possession within a correctional facility do not violate equal protection because a statute specific to inmates’ possession of controlled substances is not concurrent with the general statute prohibiting possession, and the prosecuting attorney had discretion to charge under either statute. We affirm.

Clallam Bay Corrections Center authorities initiated an investigation into the possibility that drugs were being introduced into the facility when a part of a plastic baggie was found in the visitor’s toilet, which prison officials believed was consistent with a container that would be used to secrete drugs within the body. Prison investigator Hanson investigated the three prisoners who had visitors that day and focused on inmate Rainford because he was the only one incarcerated for drug offenses. Rainford’s wife was a known drug addict, and his cellmate, Shornhorst, was suspected of smuggling drugs. Hanson examined letters and an audio tape from Rainford and Shornhorst to Mrs. Rainford and determined that they showed that the Rainfords might be involved in smuggling drugs into the prison by secreting them within their bodies. The investigators summarized this information for the Superintendent, and he authorized the guards to conduct a dry cell search after Rainford’s next visit with his wife.1 A dry cell search was initiated and prison officials recovered two balloons filled with heroin from Rainford’s feces. Rainford was convicted of possession of a controlled substance under RCW 69.50.401(d). The standard sentence was enhanced by 12 months under former RCW 9.94A.310(4)(c) (1994) [435]*435because the offense occurred while the offender was in a state correctional facility.

I

Rainford contends that the dry cell search violated his Fourth Amendment and Washington Constitution article I, section 7 rights. Rainford makes two separate arguments: (1) that there was no reasonable suspicion for the search, and (2) that the prison officials violated his constitutional rights by failing to follow their own procedure for dry cell searches.

A

The trial court found that the prison had "a reasonable suspicion . . . that the Defendant had contraband within his body after being visited by his wife.” Where findings of fact and conclusions of law are supported by substantial but disputed evidence, an appellate court will not disturb the trial court’s ruling. State v. Smith, 84 Wn.2d 498, 527 P.2d 674 (1974); State v. Chapman, 84 Wn.2d 373, 526 P.2d 64 (1974). See also House v. Erwin, 83 Wn.2d 898, 524 P.2d 911 (1974). The State argues that there was reasonable articulable suspicion based upon the following facts: a piece of a baggie was found in the visitor’s toilet on a day when Rainford’s wife was visiting; Rainford was incarcerated for drug offenses; Mrs. Rain-ford was a known drug addict; and letters and a tape from Rainford to his wife indicated Rainford’s drug use and contained covert references to drug smuggling. These facts are sufficient to form a reasonable articulable suspicion that Rainford would have drugs within his person after his wife’s visit.

Rainford argues, however, that greater certainty is required under article I, section 7. The federal constitution provides the minimum protection afforded citizens against unreasonable searches by the government. State v. Chrisman, 100 Wn.2d 814, 817, 676 P.2d 419 (1984). [436]*436Whether the Washington Constitution provides a level of protection different from the federal constitution in a given case is determined by reference to the six nonexclusive Gunwall factors.2 State v. Boland, 115 Wn.2d 571, 575, 800 P.2d 1112 (1990); State v. Gunwall, 106 Wn.2d 54, 720 P.2d 808, 76 A.L.R.4th 517 (1986). The parties must adequately brief the Gunwall factors to enable the reviewing court to consider an independent state constitutional analysis in the case. State v. Wethered, 110 Wn.2d 466, 472-73, 755 P.2d 797 (1988). When violations of both the federal and Washington constitutions are alleged, it is usually appropriate to examine the state constitutional claim first. Seattle v. Mesiani, 110 Wn.2d 454, 456, 755 P.2d 775 (1988). However, our analysis begins with federal law only to place the state law in context.

Under the Fourth Amendment, while an inmate is " 'not wholly stripped of constitutional protections when (they are) imprisoned for crime,’ ” many of the inmate’s rights and privileges are subject to limitation because institutional goals and policies take precedence. State v. Hartzog, 96 Wn.2d 383, 391, 635 P.2d 694 (1981) (quoting Wolff v. McDonnell, 418 U.S. 539, 555-56, 94 S. Ct. 2963, 41 L. Ed. 2d 935 (1974); see also Bell v. Wolfish, 441 U.S. 520, 545-46, 99 S. Ct. 1861, 60 L. Ed. 2d 447 (1979). In evaluating whether body cavity searches violate the Fourth Amendment, the Supreme Court employs a reasonableness test, stating that: "In each case it requires a balancing of the need for the particular search against the invasion of personal rights that the search entails. Courts must consider the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted.” Bell, [437]*437441 U.S. at 559. In Bell, the Court found that visual body cavity inspections could be conducted on less than probable cause if the search is reasonable and not conducted in an abusive fashion. Bell, 441 U.S. at 558-60. The Bell Court does not state what level of cause is required, but the decision validated a practice of visual body cavity search of all inmates after contact visits. Reasonable suspicion is sufficient in a prison setting to protect the inmate’s reasonable expectation of privacy under the Fourth Amendment, so long as the search is not conducted in an abusive fashion. The dry cell search here passes the Bell balancing test.

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Bluebook (online)
936 P.2d 1210, 86 Wash. App. 431, 1997 Wash. App. LEXIS 807, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rainford-washctapp-1997.