145 Wash. 2d 209 | Wash. | 2001
Lead Opinion
Petitioner Carey Virginia Fisher seeks review of a decision of the Court of Appeals, Division Three, which upheld her conviction in the Walla Walla County Superior Court for violations of the Uniform Controlled Substances Act, chapter 69.50 RCW, and concluded that an order authorizing a bench warrant for violation of the conditions of her release pending sentencing in a prior case under Criminal Rule (CrR) 3.2(j)(l) did not require a showing of probable cause, but required only a well-founded suspicion of a violation of those conditions. We granted review. We affirm in part and reverse in part.
QUESTION PRESENTED
The question presented in this case is whether CrR 3.2(j)(l), authorizing a superior court to issue a bench
STATEMENT OF FACTS
On September 3, 1998 Petitioner Carey Virginia Fisher was arrested in Walla Walla County for possession of methamphetamine.
Defendant will keep in regular contact with defendant’s attorney.
Travel is restricted to Walla Walla County and/or_.
Defendant shall reside at 966 Dawson, College Place, Washington; and shall not change place of residence without court permission.
That the defendant have no personal contact with State’s witnesses.
That the defendant have no violation of any criminal laws.
On January 4, 1999 Petitioner pleaded “guilty” in the Walla Walla County Superior Court to possession of
On January 7, 1999, Gabriel E. Acosta, Deputy Prosecuting Attorney for Walla Walla County, by application and affidavit asked the court to issue a bench warrant for Petitioner’s arrest for violation of conditions of her release.
1. I am the assigned deputy prosecuting attorney in the case of State v. Carrie Fisher, Cause Nos. 98-1-00330-5 and 98-1-00371-2.
2. CCO Alice Rogers informed me on January 7,1999, that a client (probationer) of hers told her that she was present at the January 4, 1999, docket when defendant Fisher pled guilty in the above stated cause numbers, and overheard Ms. Fisher say that there was no way she was going to stick around for sentencing. This client also told CCO Rogers that she could tell that Ms. Fisher was high on drugs at the time of the change of plea hearing, and that she also is acquainted with Ms. Fisher. CCO Rogers stated that the client’s information was unsolicited and not the reason for the contact with the client.
3. Your affiant was also informed by the grandmother of Ms. Fisher’s child in the last week that she knows Ms. Fisher had been spending considerable time, since posting bail, at a known drug user’s home, including spending at least one night there, and using drugs there.
4. Finally, your affiant was informed by WWPD Det. Castillo that he had been surveilling a known drug user’s home here in Walla Walla, and observed Ms. Fisher present there on several occasions since being released on bail.[8 ]
The court, the Honorable Donald W. Schacht, on January 7, 1999 granted the Deputy Prosecuting Attorney’s request and authorized a bench warrant for Petitioner’s arrest to show cause, if any, why she did not obey the terms of her release.
According to Detective Castillo’s testimony, Petitioner then asked why she was going to jail and why she was under arrest.
Officer Harris took custody of the purse and transported Petitioner to the Walla Walla County Jail.
Count 1: VIOLATION OF THE UNIFORM CONTROLLED SUBSTANCE ACT—POSSESSION OF METHAMPHETAMINE, RCW 69.50.401(d), Class C Felony (5 years or fine of $10,000 or both);
Count 2: VIOLATION OF THE UNIFORM CONTROLLED SUBSTANCE ACT—POSSESSION LESS THAN 40 GRAMS OF MARIJUANA, RCW 69.50.401(e), Misdemeanor (90 days or fine of not more than $1,000);
Count 3: VIOLATION OF THE UNIFORM CONTROLLED SUBSTANCE ACT—POSSESSION OF DRUG PARAPHERNALIA, RCW 69.50.412 (1), Misdemeanor (90 days or fine of not more than $1,000);
Count 4: ASSAULT IN THE THIRD DEGREE, RCW 9A.36.031(l)(a) and/or (g), Class C Felony (5 years or fine of $10,000 or both); committed as follows, to-wit:
Count 1: That the said CAREY VIRGINIA FISHER, in the County of Walla Walla, State of Washington, on or about the 7th day of January, 1999, did possess a controlled substance, to-wit: Methamphetamine, a Schedule II non-narcotic;
Count 2: That the said CAREY VIRGINIA FISHER, in the County of Walla Walla, State of Washington, on or about the*216 7th day of January, 1999, did possess a controlled substance, to-wit: less than 40 grams of Marijuana, a Schedule I nonnarcotic;
Count 3: That the said CAREY VIRGINIA FISHER, in the County of Walla Walla, State of Washington, on or about the 7th day of January, 1999, did unlawfully possess drug paraphernalia, to-wit: needles, a plastic canister and bindles for containing drugs, and cotton for use as a filter;
Count 4: That the said CAREY VIRGINIA FISHER, in the County of Walla Walla, State of Washington, on or about the 7th day of January, 1999, with intent to prevent or resist the lawful apprehension or detention of herself and/or while performing his official duties at the time of assault, did assault Detective Castillo, a law enforcement officer, to-wit: struck at Detective Castillo with her purse;
contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Washington.[24 ]
Petitioner testified that prior to her arrest on the bench warrant, she and her mother, Ms. Jaekel Fisher, stopped by the residence of a friend, Ms. Kelly Hall, to pick up a purse Petitioner had left there three days earlier.
Prior to trial, on February 23, 1999 Petitioner moved to suppress the evidence obtained at the time of her arrest and to dismiss the charges on grounds that the bench warrant
In a letter dated February 26, 1999 denying Petitioner’s motion to suppress evidence “gathered pursuant to an arrest warrant,” Judge Robert L. Zagelow explained his conclusion that there was no requirement under CrR 3.2(j)(l) “that the warrant issue only upon probable cause.” He then stated:
An Affidavit was filed in this case by the Prosecuting Attorney which alleged, among other things, that a probationer in court during Ms. Fisher’s plea of guilty told a probation officer that Ms. Fisher indicated “ . . . there was no way she was going to stick around for sentencing.” The report was unsolicited from the probationer. A failure to return for sentencing would have been a violation of the conditions of Release imposed in both cause numbers. This information, given in the*218 context of an upcoming sentencing with significant standard range institution time and with the other allegations of continued drug affiliation, constituted a “well-founded suspicion” upon which a warrant could be issued. In that State vs. Keller involved a warrantless search based on ambiguous conditions of release, it is not controlling.
The defendant’s Motion for Suppression is denied.[35 ]
On March 3, 1999 the jury found Petitioner Fisher “guilty” of possession of methamphetamine (Count I), possession of less than 40 grams of marijuana (Count II), and possession of drug paraphernalia (Count III), and “not guilty” of assault.
Petitioner moved for a new trial following the jury verdict on the ground that the court abused its discretion in precluding introduction of the out-of-court statement of Ms. Kelly Hall.
probable cause was not required for the issuance of the bench warrant. . . under CrR 3.2(j)(l) for a person who has been adjudicated guilty of a felony and released pending sentencing[41 ] .... [T] he court could authorize her [Petitioner’s] detention based upon a well-founded suspicion that a*219 probation violation had occurred,[42 ] [because the court has a] continuing interest in supervising Ms. Fisher [which] is the same interest the court has in supervising parolees, probationers, and convicted felons whose sentences are stayed pending appeal.... [T]he trial court properly excluded the statement as hearsay.[43 ]
Petitioner Fisher petitioned this court for review of the decision of the Court of Appeals which was granted on July 10, 2001.
DISCUSSION
The order of the Walla Walla County Superior Court dated December 23, 1998 released Petitioner Fisher pending trial under CrR 3.2(a). That rule provides in part:
Any person, other than a person charged with a capital offense, shall at the preliminary appearance or reappearance pursuant to rule 3.2.A or CrKLJ 3.2.1 be ordered released on the accused’s personal recognizance pending trial unless the court determines that such recognizance will not reasonably assure the accused’s appearance .... If the court finds that release without bail should be denied or that conditions should attach to the release on personal recognizance, other than the promise to appear for trial, the court shall proceed to determine whether probable cause exists to believe that the accused committed the offense charged, unless this determination has previously been made by a court. . . .[44 ]
The parties agree that the order authorizing the bench warrant for Petitioner’s arrest was entered pursuant to CrR 3.2(j)(l),
(1) Arrest With Warrant. Upon the court’s own motion or a verified application by the prosecuting attorney alleging with*220 specificity that an accused has willfully violated a condition of the accused’s release, a court shall order the accused to appear for immediate hearing or issue a warrant directing the arrest of the accused for immediate hearing for reconsideration of conditions of release pursuant to section (i).[46 ]
Petitioner Fisher’s principal argument is that the court erroneously issued the order authorizing the bench warrant for her arrest without probable cause
Petitioner also asserts that if CrR 3.2(j)(l) does not require probable cause, the rule violates the Fourth Amendment to the United States Constitution
This court in Klinker addressed the constitutionality of the filiation statute which authorized arrest and detention of a putative father upon filing of a verified complaint by an interested private party.
The court reasoned that former RCW 26.24.010 violated the Fourth Amendment’s general and fundamental requirement that searches and seizures be reasonable, stating that “[f]or an arrest to be ‘reasonable’ it must serve some governmental interest which is adequate to justify the imposition on the liberty of the individual.”
The decision in Klinker followed the rationale of the United States Court of Appeals for the Ninth Circuit in Bacon v. United States.
Respondent State agrees that under normal circumstances an arrest with or without a warrant requires probable cause.
Premising its argument on State v. Lucas, Respondent asks this court to affirm the determination of the Court of Appeals which agreed that Petitioner Fisher’s situation more closely parallels that of a probationer or parolee instead of that of the accused in Klinker or the material witness in Bacon.
In Lucas, Defendant Lucas was convicted of several crimes and granted a conditional release pending appeal of his previous convictions.
This case, however, is distinguishable from cases cited by both Petitioner and Respondent. Klinker is dissimilar in several respects. Most significant is the fact the case involved due process rights of an accused, unlike this case which involves a defendant who has already been adjudged “guilty” after her plea of “guilty.”
Petitioner Fisher’s status as a convicted offender does not fall within the literal meaning of an accused under CrR 3.2(j)(l).
Release After Finding or Plea of Guilty. After a person has been found or pleaded guilty, and subject to RCW 9.95.062, 9.95.064, 10.64.025, and 10.64.027, the court may revoke, modify, or suspend the terms of release and/or bail previously ordered.[85 ]
Accordingly, her rights must be analyzed not from the status of an accused person, but from her status as a convicted felon released on personal recognizance and awaiting sentencing, reading CrR3.2(j)(l) together with CrR3.2(f).
Neither Petitioner nor Respondent provides compelling arguments or controlling case law addressing the principal issue in this case. Respondent’s discussion of Lucas, however, at least more adequately focuses on the issue. In comparison with Klinker, the Lucas case is more closely analogous to this case. As in Lucas, Petitioner Fisher was not in custody after her conditional release pending sentencing following her conviction on drug charges. She, like the defendant in Lucas, having pleaded “guilty” and having been adjudged “guilty,” has a diminished right of privacy
Our Court of Appeals cases suggest that an exception to the probable cause requirement exists when a defendant adjudged “guilty” of a felony is released with specified conditions.
Respondent is correct in its contention that a “well-founded suspicion” that violation of a condition of release has occurred should be required for the court to issue a bench warrant under CrR 3.2(j)(l) for persons who have
Well-Founded Suspicion of Violation of a Condition of Release
The arrest of Petitioner Fisher under the bench warrant in this case was not reasonable because the State in its application for the bench warrant did not provide specific and articulable facts of a willful violation of any condition of her release pending sentencing. The Fourth Amendment requires, at a minimum, that the information the officer relies upon at least carry some indicia of reliability.
Decisions of our Courts of Appeal have addressed the question of “probable cause” and “well-founded suspicion” for arrests without warrants.
In State v. Simms, a warrantless search of a parolee’s home, based upon an anonymous tip that the informant and defendant were engaged in a drug operation at the defen
In State v. Patterson, a warrantless search of a parolee’s vehicle, upon an anonymous tip substantiated by other evidence, was held to be based upon reasonable suspicion.
In State v. Lucas, probation officers observed a container of marijuana in the defendant’s home. Four days later the officers conducted a warrantless search of the home. The court concluded that this observation, coupled with the fact the defendant acted in a nervous manner when the officers arrived at his home to conduct a transfer interview, constituted a well-founded suspicion that the defendant was involved in criminal activity in violation of his conditions of release.
The affidavit of Deputy Prosecuting Attorney Acosta supporting the bench warrant in this case does not meet the well-founded suspicion standard. The unidentified probationer’s statement concerning what Petitioner Fisher allegedly said in court and the probationer’s impression of Petitioner’s physical state do not have any indicia of reliability or truthfulness.
The facts asserted in the application and affidavit do not measure up to the necessary well-founded suspicion that Petitioner Fisher violated any condition of her release pending sentencing to justify the Superior Court’s issuance of a bench warrant for her arrest. The consequent arrest violated Petitioner’s Fourth Amendment due process rights. Therefore, the evidence obtained as a result of the unlawful arrest should have been suppressed in her criminal trial.
ADMISSION OF OUT-OF-COURT STATEMENT BY THIRD PARTY
Petitioner asserts that the Court of Appeals was in error in approving a ruling by the trial court which excluded an out-of-court statement made by Ms. Kelly Hall as inadmissible hearsay, thus depriving Petitioner of her defense of unwitting possession.
Petitioner urges this court to declare CrR 3.2(j)(l) unconstitutional if the court concludes the rule does not implicitly contain a requirement of probable cause.
SUMMARY AND CONCLUSIONS
The Court of Appeals correctly concluded probable cause was not required for the issuance of a bench warrant under CrR 3.2(j)(l) for a person who has been adjudicated guilty of a felony and released pending sentencing. The court, however, erroneously concluded the application and affidavit in support of the bench warrant constituted a well-founded suspicion that Petitioner Fisher had violated any condition of her release pending sentencing.
We agree with decisions of our Courts of Appeal which suggest that an exception to the probable cause requirement exists when a defendant adjudged “guilty” of a felony is released on specified conditions. Those cases all similarly questioned whether a warrant or warrantless search authorized by statute, based on less than probable cause, violated a parolee’s or a probationer’s constitutional rights. The courts concluded that only a well-founded suspicion of a violation is required instead of probable cause.
Petitioner Fisher, like the defendant in State v. Lucas, having pleaded “guilt/’ and having been adjudged “guilty,” has a diminished right of privacy because of the State’s continuing interest in supervising convicted defendants. Some limitations are placed on the constitutional rights of defendants after they have been convicted. In this case, Petitioner Fisher pleaded “guilt/’ to a felony. Thus her liberty is appropriately limited as was the liberty of the defendant in Lucas.
Applying CrR 3.2(j)(l) in this case does not violate the Fourth Amendment requirement that searches and sei
Respondent is correct in its contention that a “well-founded suspicion” that violation of a condition of release on personal recognizance has occurred is sufficient for the court to issue a bench warrant under CrR 3.2(j)(l) for persons who have pleaded “guilty” to a felony and await sentencing. Under the facts in this case, this rule must be read together with CrR 3.2(f). However, the application and affidavit of Deputy Prosecuting Attorney Acosta supporting the bench warrant in this case does not meet the well-founded suspicion standard. The Fourth Amendment requires, at a minimum, that the information the judicial officer relies upon at least carry some indicia of reliability. The affidavit submitted in support of the bench warrant for arrest of Petitioner did not provide any indicia of reliability or specificity that Petitioner had violated any condition of her release. The evidence obtained as a result of the unlawful arrest therefore should have been excluded in her criminal trial. We reverse the conviction in this case.
We affirm in part the decision of the Court of Appeals, Division Three, concluding that probable cause is not required for issuance of a bench warrant under CrR 3.2(j)(l) for a person who has been adjudged guilty of a felony pending sentence, but reverse in part the decision that the affidavit in support of the bench warrant in this case
Alexander, C.J., and Johnson, Madsen, Ireland, Bridge, Chambers, and Owens, JJ., concur.
Respondent accepts the facts asserted in Petitioner’s brief with variation in facts asserted in argument. See Resp’t’s Br. at 2; Pet’r’s Br. at 2. See also 1 Verbatim Report of Proceedings at 130 (Cause Number 98-1-00330-5); Clerk’s Papers at 50.
1 Verbatim Report of Proceedings at 130.
Id. (Cause Number 98-1-00371-2). See Clerk’s Papers at 50.
Suppl. Clerk’s Papers at 72 (Order Establishing Conditions of Release Pending Trial Pursuant to CrR 3.2).
Id.
Clerk’s Papers at 35.
Id. at 34, 35.
Id. at 35.
Id. at 3.
1 Report of Proceedings at 3, 4. See also Clerk’s Papers at 1 (Arrest report).
1 Report of Proceedings at 4.
Id.
Id. at 4.
Id.
Id.
Id. at 5.
Id. at 5.
Id. at 6.
Id. at 7, 8.
Id.
Id. at 17.
Clerk’s Papers at 1.
Id.
Id. at 6, 7.
1 Report of Proceedings at 123-24.
Id. at 94.
Id. at 95.
Id.
Clerk’s Papers at 9.
See Report of Proceedings, Feb. 23, 1999; see also Clerk’s Papers at 36, 37. State v. Lucas, 56 Wn. App. 236, 783 P.2d 121 (1989), review denied, 114 Wn.2d 1009 (1990); State v. Simms, 10 Wn. App. 75, 516 P.2d 1088 (1973), review denied, 83 Wn.2d 1007 (1974).
Clerk’s Papers at 36, 37.
Id.
Id.
Id.
Id. at 36-37.
Id. at 38-39.
Id. at 54.
Id. at 45-48.
1 Report of Proceedings at 151-52.
Id. at 65.
State v. Fisher, 104 Wn. App. 772, 780, 17 P.3d 1200 (2001). The Court of Appeals, Division Three, initially decided not to publish its opinion. After considering motions to publish submitted by the Prosecuting Attorney and the Washington Association of Prosecuting Attorneys, the court ordered publication. See Pet. for Review at A-15, Order Granting Mots, to Publish (Feb. 1, 2001).
Fisher, 104 Wn. App. at 774.
Id.
CrR 3.2(a).
See Pet’r’s Br. at 7.
CrR 3.2(j)(l) (emphasis added).
The Fourth Amendment requires that searches and seizures be “reasonable.” “Reasonableness” is conterminous with “probable cause.” Probable cause “boils down, in criminal situations, to a simple determination of whether the relevant official, police or judicial, could reasonably believe that the person to be arrested has committed the crime.” State v. Klinker, 85 Wn.2d 509, 521, 537 P.2d 268 (1975) (citing Giordenello v. United States, 357 U.S. 480, 485, 78 S. Ct. 1245, 2 L. Ed. 2d 1503 (1958)).
See Pet’r’s Br. at 7-11.
CrR 3.2(j)(2) reads as follows:
Arrest Without Warrant. A law enforcement officer having probable cause to believe that an accused released pending trial for a felony is about to leave the state or has violated a condition of such release under circumstances rendering the securing of a warrant impracticable may arrest the accused and take [the accused] forthwith before the court for reconsideration of conditions of release pursuant to section (i).
(Emphasis added.)
CrR 3.2A provides in pertinent part:
(a) Probable Cause Determination. A person arrested without a warrant shall have a judicial determination of probable cause ....
(b) How determined. The court shall determine probable cause on evidence presented . .. for a warrant of arrest in rule 2.2 ....
(Emphasis added.)
CrR 2.2(a) reads in part:
A warrant of arrest may not issue unless the court determines that there is probable cause to believe that the defendant committed the offense charged. (Emphasis added.)
Pet’r’s Br. at 11.
The Fourth Amendment to the United States Constitution provides:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
(Emphasis added.)
Pet’r’s Br. at 1, 11.
State v. Klinker, 85 Wn.2d 509, 537 P.2d 268 (1978); Bacon v. United States, 449 F.2d 933 (9th Cir. 1971).
Klinker, 85 Wn.2d at 510. The case involved the “filiation” statute, former RCW 26.24.010 (1970), which provided in part:
When an unmarried woman shall be pregnant or delivered of a child which shall not be the issue of lawful wedlock, complaint may be made in writing by said unmarried woman ... to any justice of the peace ... accusing, under oath, a person with being the father of such child, and it shall be the duty of such justice forthwith to issue a warrant against the person so accused and cause him to be brought forthwith before such justice.
Former RCW 26.24.020 (1971) provided for release of the accused on bond pending the hearing. Chapter 26.24 RCW was repealed in 1975-76 and superseded by the Uniform Parentage Act, chapter 26.26 RCW.
Id. at 516, 523.
Id. at 516, 517.
Id. at 518.
Id. at 517, 518 (citing Gerstein v. Pugh, 420 U.S. 103, 95 S. Ct. 854, 43 L. Ed. 2d 54 (1975) (A rule allowing issuance of an arrest warrant on the basis of information alone is no longer constitutionally permissible.)); Giordenello, 357 U.S. at 486 (“The Commissioner must judge for himself the persuasiveness of the facts relied on by a complaining officer to show probable cause. He should not accept without question the complainant’s mere conclusion that the person whose arrest is sought has committed a crime.”).
Klinker, 85 Wn.2d at 519.
Id. at 519, 520 (citing Bacon, 449 F.2d at 942).
Id. at 521, 522.
Id. at 522.
Id.
Klinker, 85 Wn.2d at 523; Bacon, 449 F.2d 933.
Bacon, 449 F.2d at 934, 935.
Id. at 941, 942.
id.
Id. at 942, 943.
Resp’t’s Br. at 3.
Id.
Id.; State v. Campbell, 103 Wn.2d 1, 22, 691 P.2d 929 (1984), cert. denied, 471 U.S. 1094 (1985); State v. Lucas, 56 Wn. App. 236, 783 P.2d 121 (1989), review denied, 114 Wn.2d 1009 (1990); State v. Patterson, 51 Wn. App. 202, 752 P.2d 945, review denied, 111 Wn.2d 1006 (1988); State v. Simms, 10 Wn. App. 75, 516 P.2d 1088 (1973), review denied, 83 Wn.2d 1007 (1974). See also Griffin v. Wisconsin, 483 U.S. 868, 107 S. Ct. 3164, 97 L. Ed. 2d 709 (1987).
Id.
Pet’r’s Br. at 4; Fisher, 104 Wn. App. at 779.
Lucas, 56 Wn. App. at 237.
Id. at 237-38.
Id. at 238.
Id. at 239.
Id. at 240 (citing State v. Lampman, 45 Wn. App. 228, 233 n.3, 724 P.2d 1092 (1986)). See also Griffin, 483 U.S. 868.
Lucas, 56 Wn. App. at 240.
Id. at 241.
An “accused” is a person who has been subj ected to actual restraints on liberty through an arrest or formal indictment or information, but has not yet been convicted or sentenced. See Black’s Law Dictionary 22 (7th ed. 1999). See, e.g., U.S. Const, amend. VI. (Presumption of innocence); see, e.g., State v. Crediford, 130 Wn.2d 747, 759, 927 P.2d 1129 (1996) (“[E]very person accused of a crime is constitutionally endowed with an overriding presumption of innocence, a presumption that extends to every element of the charged offense.”).
A court may deny bail or release an accused subject to conditions. See CrR 3.2(a).
See Title 72 RCW. RCW 72.04A.050 grants the secretary of corrections powers and duties of the state relating to supervision of parolees. RCW 72.04A.090 allows
See McCarthy v. United States, 394 U.S. 459, 89 S. Ct. 1166, 22 L. Ed. 2d 418 (1969).
As in Lucas, Petitioner Fisher agreed to arrest and revocation of her pretrial release if she violated any conditions of release. When she signed the order of conditional release on December 23, 1998, she retained status as an accused and CrR 3.2(j)(l) properly applied to her situation. On January 7, 1999, the day she pleaded “guilty,” her status changed to that of a convicted felon awaiting sentencing. As a result, CrR 3.2(f), instead of CrR 3.2(j)(l), is the rule applicable in this case.
CrR 3.2(f). RCW 10.64.025 and 10.64.027 relate to conditions of release of a defendant who has been found “guilty” of a felony and is awaiting sentencing. Neither statute refers to arrest upon violation of conditions of release.
See Lucas, 56 Wn. App. at 240.
See id. at 236; State v. Massey, 81 Wn. App. 198, 913 P.2d 424 (1996).
Id.
RCW 9.94A.195; CrR 3.2(j)(l). A warrantless arrest/search and an arrest/ search by warrant must meet the same “quantum of evidence” to satisfy the probable cause requirement within the Fourth Amendment. See Wayne R. LaFave, Search and Seizure: A Treatise on the Fourth Amendment § 3.1(b) (3d ed. 1996).
See Lucas, 56 Wn. App. at 236; State v. Massey, 81 Wn. App. 198, 913 P.2d 424 (1996).
Id. See also RCW 9.94A.195 (requiring reasonable cause in an arrest of an offender who has violated terms of conditions of release).
Pet’r’s Br. at 11, 12.
Simms, 10 Wn. App. at 88.
See Suppl. Clerk’s Papers at 72-74.
See Simms, 10 Wn. App. at 87-88; Patterson, 51 Wn. App. at 208-09; Lucas, 56 Wn. App. at 244-45.
Simms, 10 Wn. App. at 88.
Patterson, 51 Wn. App. at 203-04.
Lucas, 56 Wn. App. at 244-45.
See Simms, 10 Wn. App. at 88.
Id. at 81 (“The law is well established in this state, consistent with the decisions of the United States Supreme Court, that in a criminal prosecution, evidence unlawfully seized will be excluded.” (emphasis omitted)). But the exclusionary rule does not apply in revocation hearings. Simms, 10 Wn. App. at 79-81 (citing State v. Biloche, 66 Wn.2d 325, 327, 402 P.2d 491 (1965); United States ex rel. Sperling v. Fitzpatrick, 426 F.2d 1161 (2d Cir. 1970); In re Martinez, 1 Cal. 3d 641, 463 P.2d 734, 83 Cal. Rptr. 382 (1970); Morrissey v. Brewer, 408 U.S. 471, 92 S. Ct. 2593, 33 L. Ed. 2d 484 (1972)).
Pet. for Review at 8, 12-14.
See ER 801-803.
Pet. for Review at 12.
Id. at 11-12.
Concurrence Opinion
(concurring) — The Warrant Clause provides, “no warrants shall issue, but upon probable cause.” U.S. Const, amend. IV. No means no.
