State v. Eserjose
171 Wash. 2d 907
Wash.2011Background
- Latte On Your Way coffee shop burglarized in Kitsap County; ~$400 taken from freezer can.
- Deputy Wright investigated; 911 caller identified Paragone and Eserjose as burglars and provided address.
- Officers entered home with parental consent to arrest Paragone and Eserjose but exceeded the scope by going upstairs.
- Eserjose was arrested outside his bedroom; Miranda rights administered; he signed a waiver and confessed after learning Paragone confessed.
- A suppression motion argued the arrest was unlawful; trial court suppressed no evidence but admitted confession under Harris.
- Direct review granted; issue is whether the confession is admissible under state and federal protections.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Harris compatibility with WA Constitution | Eserjose argues Harris violates article I, §7. | State maintains Harris accords with constitution; applicable under Fourth Amendment Attenuation. | Harris incompatible with article I, §7; attenuation applied to admit confession not required. |
| Attenuation doctrine under article I, §7 | Attenuation should purge taint and permit confession. | Attenuation is permissible under Harris framework and Brown factors. | Attenuation doctrine is not compatible with article I, §7; dissent argues for its exclusion. |
| Admissibility of Eserjose's confession under article I, §7 | Illegal upstairs arrest tainted custodial interrogation. | Confession obtained after accomplice confession, not causally tied to illegal entry. | Confession admissible; not attributable to illegal arrest under Brown factors. |
| Admissibility under Fourth Amendment | If Harris is invalid, confession should be excluded. | Probable cause supported arrest; station-house statement valid under Harris unless overruled. | Confession admissible under Fourth Amendment per Harris, limited by WA doctrine as analyzed. |
Key Cases Cited
- Harris, New York v., 495 U.S. 14 (1990) (station-house confession admissible when suspect in lawful custody with probable cause)
- Brown v. Illinois, 422 U.S. 590 (1975) (attenuation factors for taint from illegal arrest)
- Wong Sun v. United States, 371 U.S. 471 (1963) (taint and attenuation framework for determining admissibility)
- Gaines, 154 Wn.2d 711 (2005) (independent source and attenuation in Washington doctrine)
- Afana, 169 Wn.2d 169 (2010) (rejecting good faith/inevitable discovery under article I, §7)
- Winterstein, 167 Wn.2d 620 (2009) (nearly categorical exclusionary rule under article I, §7)