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275 P.3d 314
Wash.
2012
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Background

  • 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)
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Case Details

Case Name: State v. Lyons
Court Name: Washington Supreme Court
Date Published: Apr 26, 2012
Citations: 275 P.3d 314; 174 Wash. 2d 354; 85746-6
Docket Number: 85746-6
Court Abbreviation: Wash.
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