State v. Walker
| Citation | 24 Wn.App. 823,604 P.2d 514 |
| Decision Date | 13 December 1979 |
| Docket Number | No. 3641-II,3641-II |
| Parties | The STATE of Washington, Respondent, v. Jerome WALKER, Appellant. |
| Court | Court of Appeals of Washington |
Ted W. Fredericks, Tacoma, for appellant.
Donald F. Herron, Pros. Atty., Joseph D. Mladinov, Deputy Pros. Atty., Tacoma, for respondent.
Defendant Jerome Walker appeals his second-degree burglary conviction. The sole issue is whether defendant's confession and evidence seized from his person after his arrest should have been suppressed. We affirm.
The facts leading to defendant's arrest and subsequent conviction are best summarized by quoting from the trial court's exhaustive suppression hearing findings of fact, which are as follows:
I
At about 10:30 a. m. on June 1, 1978, Mrs. Gerda Boze of 3345 South Alaska Street, Tacoma, Washington, was working in her yard. She observed a black man walk past her on the sidewalk and testified it was unusual to observe a black man in her neighborhood. A few minutes later her elderly neighbor, Mr. Underwood, observed a black man running from the Boze residence carrying a paper sack, and running down the alley and over the fence which borders Interstate Highway # 5. He alerted Mrs. Boze who checked her house and found her black purse missing. It had contained about $300 in currency, miscellaneous papers, and a smaller black vinyl purse which had a substantial amount of change from Mrs Boze's employment as a waitress. Mrs. Boze called the police and reported the crime.
II
At 10:42 a. m. on June 1, 1978, Tacoma Police Department Officer Darland, a uniformed officer, who was working in a marked police car in South Tacoma heard a radio dispatch regarding the burglary and began driving towards the Boze address. The dispatch described the suspect as a dark, possibly black male fleeing on foot towards the freeway. A minute or two later a description of tan pants, brown shirt, possibly wearing glasses, was broadcast along with a black purse with initials G.E.Z. containing a substantial amount of currency, and a brown paper bag. Officer Darland began looking for suspects on foot when he approached the area of 48th and Alaska Streets. He heard a further radio dispatch that a jogger coming off of the east side of the foot bridge over I-5 had been contacted and he reported that a black male was in the area of Titus Will Ford, west of the foot bridge. Officer Darland proceeded to 38th and Alaska and turned west bound over the freeway. At this point he had seen no possible suspects on foot, also he believed other units to have been in the area of the crime and east of that area with no other possible suspects sighted.
III
When Officer Darland went over the freeway overpass he observed the defendant on foot, just south of Titus Will Ford. Due to the limited access he proceeded to 38th and Steele Streets and back around on Sprague Street. When he rounded the corner he pulled across the oncoming traffic lane to the area of the sidewalk where the defendant approached. There were no other black or dark males in view in the area. The defendant hesitated, then glanced away to the right. That area was bounded by a chain link fence. He then started to walk past the police car. Officer Darland exited the car and approached the defendant. This was at 10:50 or 10:51 a. m.
IV
The defendant is a black male and was wearing pale blue jeans and a green T shirt with narrow yellow and brown stripes. He had a black vinyl pouch in his right hand and some folded currency in his left hand, one or two folded bills of undetermined denomination. Officer Darland asked to talk with defendant, explaining that a burglary had just occurred across the freeway. He asked defendant his name, to which the defendant replied Michael Ramsey. He asked for identification and the defendant had none. The defendant volunteered that he was just walking. Officer Darland asked the defendant to remain to see whether he could be eliminated as a suspect in the crime. He asked the defendant to put his hands on the car and patted him down to check him for weapons before having a seat in the rear of his patrol car. He also asked defendant what was in the pouch which had a noticeable bulge, to which the defendant replied "change." Officer Darland asked to see it and when the defendant gave it to him opened it and looked inside, noting that it did contain change and in particular an old standing Liberty half dollar. Officer Darland could no longer see the folded currency which had been in the defendant's hand, and the only commercial business close by was the Titus Ford dealership. Officer Darland thought it was unusual for a person to be walking in that area with currency in their hands.
V
Officer Darland, who has six years' experience as a police patrol officer, testified that he considered the defendant a possible suspect in the crime, and that it is a Tacoma Police Department policy to frisk possible suspects before they are placed in the rear of a patrol car. Officer Darland also testified this is particularly his policy since having a knife held to his throat by a person placed in the rear seat of his patrol car in 1977. Officer Darland asked the defendant to have a seat in the rear of his car, obtained a date of birth from the defendant and requested a record's check by radio from his department and inquired if officers at the crime scene could bring the victim to his location. After further conversation with the defendant, he closed the rear door to the patrol car. At no time did the defendant request to leave or object to sitting in the patrol car. He did state that he had nothing to do with any burglary.
VI
Within a few minutes Mrs. Boze was transported to the scene and after stating she thought the defendant was the one who passed her, positively identified the vinyl pouch as hers and as having been in her purse prior to the burglary. At 10:58 a. m. Officer Darland removed the...
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