State v. Basson
| Decision Date | 27 February 1986 |
| Docket Number | No. 51691-0,51691-0 |
| Parties | STATE of Washington, Petitioner, v. William E. BASSON, Respondent. En Banc |
| Court | Washington Supreme Court |
Seth Dawson, Snohomish County Pros., S. Aaron Fine, Deputy Pros., Everett, for petitioner.
Snohomish County Public Defender Assn., Joan Sullivan, Everett, for respondent.
Browne, Ressler & Foster, David Wohl, Seattle, amicus curiae for respondent Washington Appellate Defender Assn.
The Snohomish County Prosecutor directly appeals a superior court order suppressing William Basson's confession. The suppression order is based on an interpretation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694, 10 A.L.R.3d 974 (1966), that the prosecutor believes is inconsistent with recently decided United States Supreme Court cases. See State v. Dictado, 102 Wash.2d 277, 687 P.2d 172 (1984). We overrule the Superior Court's suppression order and reinstate the District Court's finding that the interrogation was noncustodial. Because we find for the prosecution on the scope of review issue, we do not reach the question of what constitutes "custody" for Fifth Amendment or state constitutional (Const. art. 1, § 9) purposes.
Two citizens complained about a man exposing himself while driving a silver Firebird on the freeway. The car's license number and a description of the acrobatic suspect were provided to the police. A vehicle registration check identified the defendant, William E. Basson, as the car's owner. Two weeks after having "targeted" Basson as the primary suspect of an investigation, a detective contacted Basson by telephone and asked him to come to the police station to discuss the alleged incidents. The detective refused to discuss the allegations over the phone.
Basson voluntarily appeared at the Everett office of the Washington State Patrol. He spoke with the detective for several minutes, during which time he asked about the consequences of not admitting to the crime. When told that the police would have to contact his employer, co-employees, friends, and family, Basson agreed to confess and give a statement to the police. He was then read his Miranda rights.
The only individual ever actually investigated for the offense, Basson was charged later in District Court with two counts of public indecency. See RCW 9A.88.010. He moved to suppress the statements he had made to the detective. At trial, the District Court found that both Basson and the detective believed the interrogation to be noncustodial, that the investigation had not focused exclusively on Basson, and that the officer did not have probable cause to arrest Basson when he arrived at the station. The District Court then denied the suppression motion and later found Basson guilty on stipulated facts.
The Superior Court reversed BAsson's convictions on the ground that his statements should have been suppressed. The Superior Court found that (1) the detective had probable cause to arrest Basson when he first came to the police station and (2) the investigation had by then focused on Basson. The court then concluded that the statements had been made in a "custodial interrogation" and that Basson should have been advised of his constitutional rights before the interview began. This requirement applied, even though the detective "did not intend to hold" Basson at this time and Basson "did not believe he was in custody." Conclusions of Law 2(c) and (d). The State appeals the Superior Court order.
In reviewing the District Court's ruling on the motion to suppress, the Superior Court was sitting as an appellate court. See RCW 3.02.020; RALJ 9.1. As an appellate court, "[t]he superior court shall accept those factual determinations supported by substantial evidence in the record (1) which were expressly made by the court of limited jurisdiction, or (2) that may reasonably...
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