State v. Ellison, 40899
| Decision Date | 16 April 1970 |
| Docket Number | No. 40899,40899 |
| Citation | 77 Wn.2d 874,467 P.2d 839 |
| Parties | STATE of Washington, Respondent, v. Terry Clifford ELLISON, Appellant. |
| Court | Washington Supreme Court |
Warner, Pierce & Peden, B. Gray Warner, Seattle, for appellant.
Charles O. Carroll, Pros. Atty., John R. Cunningham, Deputy Pros. Atty., Seattle, for respondent.
This is an appeal from conviction, judgment, and sentence for armed robbery. Two main issues are presented: (1) whether there was probable cause for appellant's arrest, and (2) whether he was denied the right to have his own attorney at a police station lineup.
There had been a rash of armed robberies of motels in the general area of the main highways just south of Seattle. At approximately 1:00 a.m., Saturday morning, August 24, 1968, police officers were patroling the Pacific Highway airport area south of Seattle. The officers knew that the recent robberies (including one the previous weekend at the Swept Wing Motel located on the Pacific Highway adjacent to Seattle-Tacoma Airport) had been committed (a) by four black males (b) using a late model red fastback automobile, (c) armed with handguns and a sawed-off double-barrel shotgun. Officers Wardell and Evans were assigned to the area of the Hilton Motor Inn located near the airport just across Pacific Highway south from the Swept Wing Motel. Their assignment was twofold: Generally, they were to look for the late model red fastback automobile occupied by four male blacks--reportedly the automobile and the individuals involved in the series of robberies; Specifically, Officers Wardell and Evans were staked out to prevent a robbery at the Hilton Motor Inn.
Officers Wardell and Evans, who had been in the coffee shop, were walking from the main entrance of the Hilton Motor Inn to reenter their unmarked police car parked nearby. They observed a late model red fastback automobile parked directly in line with the main entrance to the Hilton Motor Inn and somewhat oddly facing toward the Pacific Highway. The officers proceeded to their nearby car, and from that vantage point continued their surveillance of the red fastback. They later testified that initially it appeared to them that the car was occupied by two black males--one seated behind the wheel and the other crouched down outside the car on the right, or passenger, side with the automobile door open. Officer Wardell testified that it appeared to him the individual crouched on the passenger side had a gun stuck in the waistband of his trousers. Very shortly the officers observed a third black male wearing a long-length black jacket (later identified as Ellison) exit from the Hilton and approach the red fastback. The officers testified it appeared to them that no hand was visible from one sleeve of the man's black jacket but that as the man entered the car the barrel of a gun seemed to be protruding from it. There is some conflict in the testimony as to whether a gun barrel actually was protruding from the sleeve of the man's black jacket. When the third man entered the red fastback automobile it left the motel. The police officers followed cautiously.
The red fastback took an irregular or unusual route. It went north on the Pacific Highway to South 170th Street where it turned east to Military Road, stopped, then crossed Military Road, and rpoceeded to 53rd South and commenced a right turn. Apparently at this point the occupants saw a deadend sign. The car backed, turned left, and headed north on 53rd. In the meantime, Officers Wardell and Evans had notified by radio the other police cars assigned to the 'stakeout' operation. After travelling approximately three blocks north on 53rd, the fastback was confronted with another dead-end situation and started to turn around. The officers, still in cautions pursuit, stopped their car, backed into a nearby driveway, and stopped. The red fastback pulled up and stopped at the driveway in front of the police car. One man got out and, according to the officers, with his hand in his pocket, approached the police officers in their parked automobile and asked for directions to the freeway. When this occurred, Officer Wardell covered the man with his pistol. At about this time, Officer Evans approached the parked red fastback and found it occupied not just by two but by three additional black males. Officer Evans observed what appeared to be part of a shotgun on the right front floorboard of the car. As Officer Evans was approaching the car, other police vehicles assigned to the 'stakeout' mission arrived on the scene. Sergeant Frank Chase who had been briefed as to the foregoing...
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State v. Woods
...by an attorney, a public defender, at the pre-trial lineup. We find no error. See State v. Haskins, supra; State v. Ellison, 77 Wash.2d 874, 467 P.2d 839 (1970). Woods next contends that his pretrial identification was due to an impermissibly suggestive lineup and, hence, any in-court ident......
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State v. Gluck
...States, 338 U.S. 160, 175, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); State v. Parker, 79 Wash.2d 326, 485 P.2d 60 (1971); State v. Ellison, 77 Wash.2d 874, 467 P.2d 839 (1970). Viewing the composite chronology of events in this case, we cannot say that it was unreasonable for the officers to hav......
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State v. Berkins
...338 U.S. 160, 175, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949). The practical considerations test was re-affirmed in State v. Ellison, 77 Wash.Dec.2d 888, 467 P.2d 839 (1970). The determination to make the arrest is an act of judgment on the part of the police officer formed in light of the particu......
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State v. Parker, 41255
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