State v. Parris
163 Wash. App. 110
Wash. Ct. App.2011Background
- Parris appeals bench trial conviction for possession of depictions of a minor engaged in sexually explicit conduct against a family member.
- Parris was on a community custody probation with conditions prohibiting contact with minors, possession of sexually explicit materials, and drug/alcohol use, plus curfew and treatment/work requirements.
- By June 2009, Parris violated several conditions (meth urinalysis, no treatment, no proof of work); on July 6, 2009, he was arrested for driving with a suspended license with an underage female present, prompting concerns.
- Community Corrections Officer Nelson arrested Parris and, with deputies, searched his residence, encountering items prohibited by his conditions and discovering memory cards and USB drives.
- Two memory cards contained explicit material involving Parris and DLS; contents were submitted to the sheriff with a report.
- Parris moved to suppress the memory-card evidence; trial court denied suppression; bench trial on stip facts resulted in a conviction for the charged offense and a finding of a family-member crime.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the memory-card search was permissible without a warrant | Parris: warrant required for memory cards. | State: diminished privacy plus RCW 9.94A.631(1) authorizes search with reasonable cause. | Search permitted; no separate warrant required. |
| Whether RCW 9.94A.631(1) authorizes search of memory cards as 'other personal property' | Parris: memory cards not encompassed without explicit warrant. | State: memory cards are 'other personal property' within statute's reach. | RCW 9.94A.631(1) authorized the search of memory cards without a warrant. |
Key Cases Cited
- State v. Kypreos, 110 Wn. App. 612 (2002) (warrantless search standard on appeal; de novo review)
- State v. Winterstein, 167 Wn.2d 620 (2009) (suppression standard; factual review)
- State v. Lucas, 56 Wn. App. 236 (1989) (diminished privacy rights for probationers/parolees)
- State v. Simms, 10 Wn. App. 75 (1973) (limits on privacy rights in probation context)
- In re Det. of Campbell, 139 Wn.2d 341 (1999) (public safety interest in privacy considerations)
- State v. Ward, 123 Wn.2d 488 (1994) (public safety interest and privacy balancing)
- State v. Gocken, 71 Wn. App. 267 (1993) (two-prong test for reasonable expectation of privacy)
- United States v. Conway, 122 F.3d 841 (9th Cir. 1997) (reasonableness of search under probation context)