275 P.3d 314
Wash.2012Background
- Yakima District Court issued a search warrant for Lyons' property based on a police affidavit relying on a confidential informant.
- The affidavit stated the informant observed marijuana indoors within the last 48 hours but did not specify when the observation occurred.
- Police found over 200 mature marijuana plants, juvenile plants, packaging supplies, and mushrooms on Lyons' property; Lyons was arrested and charged.
- Lyons moved to suppress the evidence; the superior court suppressed finding the timing of the informant's observation unclear.
- The Court of Appeals reversed, holding the timing could be read to support probable cause; Lyons sought review.
- The Washington Supreme Court held the affidavit did not provide timely probable cause because it failed to establish when the informant observed the marijuana.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the affidavit shows timely probable cause | Lyons argues timing is missing, making staleness fatal. | State argues commonsense reading supports recency within 48 hours. | Affidavit lacked sufficient recency; no timely probable cause. |
| Whether Partin correctly applied Aguilar/Spinelli | Lyons contends Partin was misapplied to supply recency from the tip alone. | State relies on Partin to justify timely probable cause from tip timing. | Partin disapproved to the extent it tied recency to the tip alone. |
| Whether the court should adopt a totality-of-the-circumstances approach | Lyons argues for a Gates-like approach consistent with some jurisdictions. | State urges deference to magistrate and a broader reading of the affidavit. | Rejected; Washington adheres to Aguilar/Spinelli and denies totality approach. |
Key Cases Cited
- State v. Maddox, 152 Wash.2d 499 (2004) (probable cause standard in Washington)
- Aguilar v. Texas, 378 U.S. 108 (1964) (necessity of underlying circumstances in informant tips)
- Spinelli v. United States, 393 U.S. 410 (1969) (two-prong Aguilar/Spinelli test for informants)
- United States v. Leon, 468 U.S. 897 (1984) (neutral and detached magistrate standard; limited deference)
- Partin, 88 Wash.2d 899 (1977) (underlying facts must be current; timing of tip matters)
- State v. Jackson, 150 Wash.2d 251 (2003) (rejection of totality-of-the-circumstances approach under article I, section 7)
- Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances approach (federal standard))
- State v. Jackson, 102 Wash.2d 432 (1984) ( Aguilar/Spinelli standard context)