State Of Washington v. Darian Livingston
197 Wash. App. 590
| Wash. Ct. App. | 2017Background
- On May 29, 2014, DOC officers arrested Darian Livingston on an outstanding DOC warrant while he was washing a vehicle; officers knew only that there was reasonable cause he violated a community custody condition but had no information about the specific violation.
- Livingston admitted regular use of the vehicle and that the key had been placed on a motorcycle; officers conducted a warrantless "compliance" search of the vehicle and found mail in his name, pills, a loaded .40 handgun and ammunition in a backpack in the trunk; Livingston also had cocaine on his person discovered at booking.
- The State charged Livingston with first-degree unlawful possession of a firearm, three counts of unlawful possession of controlled substances, and bail jumping; one drug count (count II) was based on drugs found on his person at booking, not the vehicle search.
- Livingston moved to suppress the vehicle evidence; the trial court denied suppression, concluding the DOC warrant gave reasonable cause under RCW 9.94A.631(1) to search the vehicle.
- At bench trial, Livingston was convicted on the firearm and drug counts (vehicle-based evidence) and bail jumping; he argued on appeal that RCW 9.94A.631(1) requires a nexus between the suspected community custody violation and the property searched and that uncontrollable circumstances excused his failure to appear.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Livingston) | Held |
|---|---|---|---|
| Whether a warrantless search under RCW 9.94A.631(1) requires a nexus between the alleged community custody violation and the property searched | RCW 9.94A.631(1) plain language permits search when there is reasonable cause to believe a violation occurred; no separate nexus requirement | A nexus is required: officers must reasonably believe the searched property is related to the alleged violation (follow Jardinez) | Court adopts Jardinez: a nexus between the alleged violation and the property searched is required; suppression denial reversed and remanded for further proceedings |
| Whether Livingston proved "uncontrollable circumstances" defense to bail jumping where he was in custody in another jurisdiction during the scheduled hearing | Bail jumping conviction should stand; State proved failure to appear | Livingston contends custody prevented appearance, release was late, and he did not recklessly cause the circumstances | Court affirmed bail jumping conviction: Livingston failed to prove uncontrollable circumstances (his own probation violation caused custody) |
Key Cases Cited
- State v. Jardinez, 184 Wn. App. 518, 338 P.3d 292 (Wash. Ct. App. 2014) (adopts nexus requirement between alleged community custody violation and property searched under RCW 9.94A.631(1))
- State v. Parris, 163 Wn. App. 110, 259 P.3d 331 (Wash. Ct. App. 2011) (held probationers have diminished expectation of privacy under RCW 9.94A.631(1); court distinguishes and declines to follow Parris on nexus issue)
- State v. Winterstein, 167 Wn.2d 620, 220 P.3d 1226 (Wash. 2009) (recognizes diminished privacy expectations for probationers/parolees relevant to warrantless searches)
- State v. Rooney, 190 Wn. App. 653, 360 P.3d 913 (Wash. Ct. App. 2015) (standard of review for trial court legal conclusions)