State v. Thompson

601 P.2d 1284, 24 Wash. App. 321, 1979 Wash. App. LEXIS 2746
CourtCourt of Appeals of Washington
DecidedSeptember 24, 1979
Docket6280-1
StatusPublished
Cited by10 cases

This text of 601 P.2d 1284 (State v. Thompson) 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. Thompson, 601 P.2d 1284, 24 Wash. App. 321, 1979 Wash. App. LEXIS 2746 (Wash. Ct. App. 1979).

Opinions

Williams, J.

Mack Harris Thompson appeals from a judgment entered upon his conviction in a trial to the court sitting without a jury of possession of heroin in violation of [323]*323the Uniform Controlled Substances Act, RCW 69.50.401(c). He contends that certain evidence seized during a police investigation should have been suppressed. We affirm.

The facts are these: About noon on April 22, 1977, State Patrol Trooper Gary Jacobson was told by radio of a report that an occupant of an automobile heading north on Interstate 5 in King County was waving a handgun. The license number and description of the car were given. Shortly thereafter, the officer saw the described vehicle and followed it from the highway into the Southcenter parking lot. Then, according to the officer, the vehicle "meandered" rather slowly through the parking lot, finally parking immediately next to a car which was the only one in the vicinity for several hundred feet.

The officer stopped behind the car he had been following and ordered the occupants to step out with their hands in view, which they did. Thereupon, Thompson, who had been sitting in the driver's seat of the parked car, got out and started to walk rapidly past the officer who told him to remain.

Within a minute or two other police officers arrived. One asked Thompson to identify himself, which he did, and the information was radioed to headquarters. Soon,1 information was returned that there was a $39 traffic warrant outstanding for Thompson. He was then arrested and searched. Because contraband was discovered, his car was impounded, and an inventory search produced more contraband.

Thompson contends that Officer Jacobson illegally detained him; that if the officer had not done so and had not made the arrest on the traffic warrant, the contraband would not have been discovered. The officer was investigating a serious situation. There was the report of the pistol [324]*324being brandished, the suspicious "homing" of the car upon the other in an isolated part of the parking lot and Thompson's rapidly walking away from his car. Because of these circumstances further investigation was called for, but while waiting for help, the officer needed to take measures to protect himself which he did. An officer has the right to search out and neutralize persons in the vicinity who might be a threat to his safety. State v. Toliver, 5 Wn. App. 321, 487 P.2d 264 (1971).

Upon the arrival of other police officers, the investigation continued. Thompson was detained for identification and a radio check which was reasonable. State v. Gluck, 83 Wn.2d 424, 518 P.2d 703 (1974); State v. Clark, 13 Wn. App. 21, 533 P.2d 387, review denied, 85 Wn.2d 1018 (1975); State v. Davis, 12 Wn. App. 32, 527 P.2d 1131 (1974). Citing State v. Gluck, supra, this court in State v. Sinclair, 11 Wn. App. 523, 529, 523 P.2d 1209 (1974) said:

An officer, following a lawful investigatory stop and detention based on "a well-founded suspicion not amounting to probable cause" to arrest, may reasonably wish to check the suspect's answers to investigatory questions. He may be able to do this by questioning other persons present, or by police headquarters radio check. Because the investigation is still in progress, the officer may temporarily detain a suspect pending the receipt of results of the police headquarters radio check.

When the information concerning the traffic warrant was received, the police had full authority to arrest Thompson. The . search incident to the arrest followed. State v. Smith, 88 Wn.2d 127, 138, 559 P.2d 970, cert. denied, 434 U.S. 876, 54 L. Ed. 2d 155, 98 S. Ct. 226 (1977).

Thompson complains that by his own testimony, Officer Jacobson did hot have a reasonable suspicion, only an "instinct." The officer's testimony is that: [325]*325Call it instinct, intuition, hunch, sixth sense, or whatever, there was reason for a trained police officer to believe that something untoward was afoot. As the trial court remarked:

[324]*324I had a suspicious circumstance. Call it instinct or whatever. Something told me that I should keep this gentleman long enough to I.D. him.
[325]*325It was a brief detention, to say under these circumstances that a law enforcement officer, who is alone, in view of the knowledge that he had, can't request a citizen to remain in the vicinity until such time as he can properly investigate it, I think would be ignoring reality.

Brown v. Texas, 443 U.S. 47, 61 L. Ed. 2d 357, 99 S. Ct. 2637 (1979) should be mentioned. There, police officers saw defendant Brown and another man walk away from one another in an area with a high incidence of drug traffic. Because the situation "looked suspicious" and Brown had not been seen in that vicinity before, he was asked for identification which he refused to give. He was then arrested under a criminal statute requiring that a person must give his name and address to an officer "who has lawfully stopped him and requested the information." In deciding that this application of the statute violated the Fourth Amendment, the Supreme Court said in Brown v. Texas, supra at 52:

In the absence of any basis for suspecting appellant of misconduct, the balance between the public interest and appellant's right to personal security and privacy tilts in favor of freedom from police interference. The Texas statute under which appellant was stopped and required to identify himself is designed to advance a weighty social objective in large metropolitan centers: prevention of crime. But even assuming that purpose is served to some degree by stopping and demanding identification from an individual without any specific basis for believing he is involved in criminal activity, the guarantees of the Fourth Amendment do not allow it. When such a stop is not based on objective criteria, the risk of arbitrary and abusive police practices exceeds tolerable limits.

In this case, as seen, objective criteria were present.

Thompson also contends that the impoundment and subsequent inventory search of his automobile by police officers violated the Fourth Amendment. The police [326]*326impounded Thompson's car at the Southcenter parking lot and removed it to the Tukwila City garage, although Thompson informed the police that the car was not his and that the owner would come and pick it up. An officer then conducted an inventory search discovering narcotics and narcotics paraphernalia.

A good faith inventory search, incident to a lawful impoundment, is not violative of the Fourth Amendment. State v. Montague, 73 Wn.2d 381, 438 P.2d 571 (1968).

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Bluebook (online)
601 P.2d 1284, 24 Wash. App. 321, 1979 Wash. App. LEXIS 2746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-thompson-washctapp-1979.