State of Washington v. Cassie Kay Robertson
34411-8
| Wash. Ct. App. | Nov 16, 2017Background
- In Jan 2014 a confidential informant conducted a controlled buy from Cassie Robertson at her Ephrata home; informant reported seeing multiple bags of green leaves (marijuana) and white powder/crystals (cocaine, meth). After the buy police performed a field marijuana test and obtained a $10 bill used in the buy.
- A telephonic affidavit by Officer Ryan Harvey recounted the controlled buy, the informant’s drug-related history, and Harvey’s narcotics experience; a judge issued a search warrant.
- Execution of the warrant recovered six bags of green leaves, the recorded $10 bill, white powder and white crystals; Robertson admitted selling marijuana to fund meth and cocaine use.
- Washington State Patrol lab testing of three leaf samples showed THC percentages around 18–20% but the lab did not distinguish delta‑9 THC from tetrahydrocannabinolic (THC) acid.
- The trial court convicted Robertson of possession of marijuana with intent to deliver (with a school‑bus‑stop proximity enhancement), possession of methamphetamine, and possession of cocaine; Robertson appealed, raising challenges to the warrant, the sufficiency of the marijuana proof given 2013 statutory amendments about THC measurement, the bus‑stop enhancement, and a community‑custody condition banning marijuana use.
Issues
| Issue | Robertson's Argument | State's Argument | Held |
|---|---|---|---|
| Probable cause for search warrant | Field test could not establish THC concentration; ergo no probable cause to identify leaves as marijuana | Controlled buy, informant reliability, officer training, and positive field test provided sufficient probable cause | Warrant was valid; controlled buy and corroborating facts provided probable cause notwithstanding limits of field test |
| Sufficiency of marijuana proof given THC definition | Lab included THC acid with delta‑9; because 2013 statutes conflicted, State had to prove delta‑9 > 0.3% alone and it did not | Legislative history and RCW 1.12.025 show EHB 2056 (allowing inclusion of THC acid) governs; lab proof sufficed | Conviction affirmed; lab measurement including THC acid was permissible for proving marijuana |
| School‑bus‑stop enhancement (within 1,000 feet) | Measurement evidence (roller tape) was not properly validated and officer measured only to property edge, not bedroom where sale occurred | Officer tested roller tape accuracy, measured 280 feet to the lot edge, lot size and map made it implausible bedroom lay beyond 1,000 feet | Enhancement upheld; jury could reasonably find the offense occurred within 1,000 feet |
| Community custody condition banning marijuana use (Equal Protection) | Banning marijuana while civilians may legally use it violates equal protection as applied | State has legitimate interests in custody conditions for convicted offenders | Claim not reviewed on appeal (not preserved); court finds no manifest constitutional error shown |
Key Cases Cited
- State v. Maddox, 152 Wn.2d 499 (deference to magistrate on probable cause)
- State v. Clark, 143 Wn.2d 731 (probable cause review principles)
- State v. Casto, 39 Wn. App. 229 (controlled buys can establish probable cause)
- State v. Bashaw, 169 Wn.2d 133 (requirement to show accuracy/calibration for mechanical measuring devices)
- State v. Johnson, 116 Wn. App. 851 (school‑zone/drug‑offense enhancement principles)
- State v. Manussier, 129 Wn.2d 652 (equal protection analysis)