State v. Schroeder

32 P.3d 1022, 109 Wash. App. 30
CourtCourt of Appeals of Washington
DecidedOctober 12, 2001
DocketNo. 26052-2-II
StatusPublished
Cited by8 cases

This text of 32 P.3d 1022 (State v. Schroeder) 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. Schroeder, 32 P.3d 1022, 109 Wash. App. 30 (Wash. Ct. App. 2001).

Opinion

Bridgewater, J.

— Delayne Schroeder appeals her conviction of unlawful possession with intent to deliver methamphetamine. We hold that the police had authority under the “community caretaking function” to enter the house and to remain at the scene of a suicide until the coroner arrived. But they exceeded the scope of that authority when they conducted a warrantless search for the deceased’s identification, after his cohabitant had identified him, beyond what they could see in plain view in the room where the deceased’s remains lay. We reverse.

On November 30, 1999, at approximately 5:45 p.m., Bremerton Police Department (BPD) Officers Russell Holt and Shawn Clapp responded to Schroeder’s 911 call of a shooting at her house.1 Upon their arrival, Schroeder directed them to a bedroom where they found Donald McKeithan, whom Schroeder identified by name and as her “longtime boyfriend” and roommate. They had no reason to believe that Schroeder’s identification was not reliable.

McKeithan was lying face down on the floor with a pistol clutched in his right hand. He had shot himself but was still alive and “bleeding from the mouth and eyes.” Report of Proceedings (RP) at 31. Medics arrived soon after but were unable to save McKeithan’s life. Schroeder told Clapp that McKeithan had previously attempted suicide and had recently seemed depressed.

Clapp asked Schroeder if McKeithan had identification; she said that he had lost his wallet somewhere in the house.

Schroeder was crying, emotionally upset, and kept trying to enter the bedroom. Clapp kept her out because it was a “pretty gruesome” scene inside. RP at 42. Clapp told her that the coroner and a crime scene detective would be arriving later to process the suicide scene. He also told her that they would be looking around for McKeithan’s identification.2 Clapp suggested she leave the scene and [35]*35Schroeder went to a friend’s house accompanied by the police chaplain.

While waiting for the crime scene detective and the coroner to arrive, Clapp was responsible for securing and maintaining the integrity of the scene. This included identifying the deceased and completing a standard BPD “death scene checklist”3 to gather information that might explain why the person committed suicide. This required looking at items at the death scene, such as delivered mail and phone messages, that might help establish time of death.

When BPD Detective Matthew Smalley (from the crime scene division) arrived, a neighbor approached and told Smalley that he believed drug activity had been going on in Schroeder’s house because of the volume of foot and vehicle traffic for brief periods of time.

Smalley and Clapp proceeded to search for “primary identification” belonging to McKeithan. “Primary identification” meant a driver’s license, military identification, or a Washington state identification card. Under BPD’s procedures and training, verbal identification was not considered identification for purposes of processing a suicide scene. Because a driver’s license has a photograph, full name and date of birth, it is “better than” other identification documents. Obtaining primary identification is very important for purposes of next of kin notification.

Clapp searched McKeithan, checking his jeans pockets, but he did not find any identification. He testified that this was not a “thorough” search.

Smalley and Clapp then searched the bedroom where McKeithan died, looking in locations where they believed a wallet might be found. They looked “on tops of dressers,” “through papers . .. scattered about,” RP at 89-90, and inside the closet; they did not open any drawers. Then they moved to the kitchen area.

[36]*36In the hallway adjacent to the kitchen, two to four coats hung on a coat rack. Smalley reached inside the pocket of a black, synthetic leather-type jacket and found a “small zip-lock baggie,” RP at 117, with three quarters of an ounce of a substance later determined to be methamphetamine. Clapp testified that the search for primary identification ceased at that point because “it became a crime scene,” RP at 53, once -the methamphetamine was found.

At approximately 9:45 p.m., based on the baggie of methamphetamine, BPD narcotics Detective Matthew Thuring requested a telephonic search warrant to search the residence for evidence of narcotics. The judge granted the warrant at 10:00 p.m. Execution of the warrant resulted in the discovery of one and one-half pounds of methamphetamine in 50 to 60 packages.

Meanwhile, at approximately 9:50 p.m., personnel from the coroner’s office arrived on the scene. When they searched McKeithan’s body, they found his wallet with picture identification in his back jeans pocket.

The trial court denied Schroeder’s motion to suppress the three quarters of an ounce of methamphetamine from the coat and the one and one-half pounds of methamphetamine found using the warrant.

Schroeder contends that the trial court should have suppressed all evidence — that taken out of the coat and that acquired by means of the search warrant — which, she argues, was fruit of the poisonous tree of the material found in the coat.

I. COMMUNITY CARETAKING FUNCTION EXCEPTION

“A warrantless search by the police is invalid unless it falls within one of the narrow and well-delineated exceptions to the warrant requirement. . . .” Flippo v. West Virginia, 528 U.S. 11, 13, 120 S. Ct. 7, 145 L. Ed. 2d 16 (1999) (citing Katz v. United States, 389 U.S. 347, 357, 88 S. [37]*37Ct. 507, 19 L. Ed. 2d 576 (1967)). The legislature has condemned as unlawful searches of a dwelling without a warrant. RCW 10.79.040. Exceptions to the warrant requirement are narrowly tailored. State v. Ladson, 138 Wn.2d 343, 356, 979 P.2d 833 (1999). And it is the State’s burden to prove that an exception applies. Ladson, 138 Wn.2d at 350. The Washington Supreme Court has stated: “The ultimate teaching of our case law is that the police may not abuse their authority to conduct a warrantless search or seizure under a narrow exception to the warrant requirement when the reason for the search or seizure does not fall within the scope of the reason for the exception.” Ladson, 138 Wn.2d at 357.

At issue here is the “community caretaking function” exception the United States Supreme Court first announced in Cady v. Dombrowski, 413 U.S. 433, 93 S. Ct. 2523, 37 L. Ed. 2d 706 (1973). Cady involved a vehicle accident investigation where the officers searched the car trunk after the vehicle was towed to a garage. Cady, 413 U.S. at 436-37. The Cady Court held that such a search was not unreasonable under the Fourth Amendment, stating:

Local police officers, unlike federal officers, frequently investigate vehicle accidents in which there is no claim of criminal liability and engage in what, for want of a better term, may be described as

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Cite This Page — Counsel Stack

Bluebook (online)
32 P.3d 1022, 109 Wash. App. 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-schroeder-washctapp-2001.