State v. Washburn
| Decision Date | 21 April 2020 |
| Docket Number | No. A-19-647.,A-19-647. |
| Parties | STATE OF NEBRASKA, APPELLEE, v. HEIDI R. WASHBURN, APPELLANT. |
| Court | Nebraska Court of Appeals |
(Memorandum Web Opinion)
Appeal from the District Court for Lancaster County: JOHN A. COLBORN, Judge, on appeal thereto from the County Court for Lancaster County: LAURIE J. YARDLEY, Judge. Judgment of District Court affirmed.
Matt Catlett, of Law Office of Matt Catlett, for appellant.
Douglas J. Peterson, Attorney General, and Nathan A. Liss for appellee.
Heidi R. Washburn appeals from her conviction for obstructing a police officer following a jury trial in the county court for Lancaster County. She first appealed to the district court, which affirmed her conviction. Based on the reasons that follow, we also affirm.
On March 5, 2018, the State filed a complaint in the county court for Lancaster County against Washburn, alleging that, by using or threatening to use violence, force, physical interference, or obstacles, she intentionally obstructed, impaired, or hindered law enforcement or the preservation of the peace by a peace officer contrary to Neb. Rev. Stat. § 28-906 (Reissue 2016). Washburn entered a not guilty plea to the charge on the same date. On May 25, 2018, Washburn filed a motion to suppress all evidence obtained by law enforcement as the result of its warrantless entry into her home at 1736 Washington Street, No. 1, in Lincoln.
A hearing on Washburn's motion to suppress took place on July 16, 2018. Lincoln Police Officer Jason Drager testified that he responded to a call at 1709 Washington Street at approximately 6 p.m. on March 3, 2018. On the porch or in the driveway of a residence across the street at 1736 Washington Street, Drager observed a man who he knew to have an outstanding warrant. He recognized the man as Thomas Martin. While Martin was initially outside smoking a cigarette, Drager noticed him go in and out of the residence approximately three or four times during the course of responding to the call across the street. Another officer, Aaron Bergren, arrived to assist Drager at at his location, and Drager informed him of Martin's presence across the street at 1736 Washington Street.
Drager and Bergren finished with the original call and proceeded to verify Martin's outstanding warrants through their database accessed via their police cruiser computer. They observed an active bench warrant dated February 2, 2018, which listed Martin's address as "1736 Washington #1" and a second active bench warrant dated March 1, 2018, which listed Martin's address as "1736 Washington St." Drager testified that the address on the warrants indicated that Martin had been previously arrested and told police officers that was the address at which he lived.
Drager acknowledged that he did not attempt to verify that Martin lived at the address noted on the warrants by checking the mailbox, Register of Deeds, lease agreement, or vehicle registration. Drager testified that he had seen Martin outside the residence multiple times throughout the year prior to March 3, 2018, when he was on patrol in the area.
Drager testified that Bergren and he approached the home at 1736 Washington Street approximately 1 to 2 minutes after last seeing Martin enter the home. They knocked on the door, which was answered by Washburn. According to Drager, Washburn "essentially told [them] to hold on" when they asked for Martin, and went back into the home. She returned after approximately five minutes and said that Martin was getting dressed and would then be out to see them. Drager stated that he did not see Martin inside the apartment when they were at the door speaking with Washburn. Drager also stated that the entirety of the apartment was not clearly visible from the doorway.
When the officers told Washburn that they were there to arrest Martin on an outstanding warrant, she became "confrontational," told them that Martin was not there, and that they had no right to be there either. Drager testified that Washburn attempted to close the door after the officers explained that they were allowed to be there in order to arrest Martin, but Bergren used his body to block the door from closing. Washburn eventually released the door and backtracked inside the home while yelling at the officers. Drager said that Bergren decided to place Washburn under arrest, which she resisted, and Drager then assisted Bergren in placing her in handcuffs. The officers found Martin in a laundry area that was shared with other apartments and placed him under arrest. Drager testified that while they were at the jail, Martin identified Washburn as his wife. Washburn, however, told Drager at one point that Martin did not reside at that residence.
Washburn testified that she lived in apartment No. 1 at 1736 Washington Street in Lincoln on March 3, 2018. She described her residence as a portion of a former single-family home, whichwas converted into three apartments. Washburn said that the front door to her apartment was the home's original front door before it was converted into apartments.
Washburn testified that knocking woke her up from a nap, and when she opened her door, an officer first said they were there looking for "John" before correcting himself and saying "Tom." She said that she told the officers, "Nobody is in here." She also testified that she knows a Tom and that a Tom has visited her home but that no Tom has ever resided there. She added that no Tom appears on her lease or mailbox. She acknowledged that the officers at some point said that Tom's last name was Martin and conceded that she knew a Tom Martin. Washburn said that she closed the door and looked around her apartment because people come and go and could have entered the apartment while she was taking a nap without her knowing. However, she also testified that it was not possible for a Tom Martin to have been inside her apartment at that time.
Washburn said that she was never shown a copy of an arrest warrant or search warrant. She did acknowledge, however, that one of the police officers said, "Well, we have a warrant" and that another officer said, "We have a warrant for Tom."
Washburn said that after she told officers that there was no Tom in her apartment, one of them replied, "We have reason to believe that he is there," which she said led to her getting "in a fight" with the officers. She said that an officer "shoved the door very violently out of [her] hands and bashed it against [her] interior wall." Washburn said that an officer threw her against her furniture and then began going through her personal belongings and throwing her laundry around. She testified that she was placed in handcuffs and left standing in her apartment while the officers exited.
Washburn testified that she never told the officers that Martin was inside her apartment, that she would go get him, or that he was putting on clothing. She acknowledged during cross-examination that she contradicted herself during direct examination, first saying that the officers never mentioned a warrant and later saying that an officer did mention having a warrant. On redirect examination, Washburn contradicted herself again, saying that no officer ever told her that they had a warrant.
The court, ruling from the bench, overruled Washburn's motion to suppress. The court found that Drager had observed Martin, with whom he was familiar from previous contacts, go in and out of the apartment at 1736 Washington Street at least three times. Drager reviewed Martin's warrants, which listed Martin's address as 1736 Washington Street. Accordingly, the court found that it was reasonable for Drager to believe that Martin lived at that residence and was inside it when he knocked on Washburn's door.
On November 5, 2018, the case came on for jury trial. During the State's opening statement, Washburn objected to any reference made to anything that occurred after she was placed in custody. She argued that the State mentioning anything after she closed the door was irrelevant and being stated for the purpose of painting her as having made a false statement to a police officer. The court overruled Washburn's objection.
At trial, Drager testified in conformity with his testimony at the suppression hearing. He said that a Lincoln Police Department recruit and he responded to a call for service at 1709 Washington Street around 6 p.m. on March 3, 2018. He stated that, while responding to that call he observed Martin, who he knew had an active warrant for his arrest, go in and out of the residenceacross the street at 1736 Washington Street. He estimated that there were 30 or 40 feet between the two locations. Using his in-cruiser computer system, Drager confirmed that Martin had two active arrest warrants. One warrant identified Martin as living at "1736 Washington St" while the other listed his address as "1736 Washington #1." Drager testified that officers commonly ask for a current address whenever they are in contact with someone and that the addresses are loaded into their database. "[W]hatever address they have listed in there is because they told an officer at some point that was their address." Drager testified that he was familiar with Martin and knew that he had an active warrant through either contacting him or seeing his picture somewhere. He also testified that he had seen Martin a few days prior at the same residence.
Drager finished responding to the initial call and informed another officer who was present, Bergren, about Martin being across the street and having an active warrant for his arrest. Drager testified that after he moved his police cruiser closer to the residence, his recruit and he approached the front door of 1736 Washington Street while...
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