Appellant's Brief - Washington State Courts

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outstanding warrants, and possession of keys which unlocked locks on the trailer as facts to establish probable cause to issue the warrant 2. Even if this court finds probable cause existed to arrest Mr. Hendrickson, the complaint for the search warrant does not establish probable cause to issue the search warrant for the trailer. A search warrant may issue only upon a determination of probable cause. State v. Cole, 128 Wn.2d 262, 286, 906 P.2d 925 (1995). An application for a warrant must state the underlying facts and circumstances on which it is based in order to facilitate a detached and independent evaluation of the evidence by the issuing magistrate. State v. Smith, 93 Wn.2d 329, 352, 610P.2d 869, cert. denied, 449 U.S. 873, 101 S.Ct. 213, 66 L.Ed.2d 93 (1980). Probable cause exists if the affidavit in support of the warrant sets forth facts and circumstances sufficient to establish a reasonable inference that the defendant is probably involved in criminal activity and that evidence of the crime can be found at the place to be searched. Cole, 128 Wn.2d at 286, 906 P.2d 925. Accordingly, "probable cause requires a nexus between criminal activity and the item to be seized, and also a nexus between the item to be seized and the place to be searched." State v. GobZe, 88 Wn.App. 503, 509, 945 P.2d 263 (1997). Here, Detective Yglesias applied for a search warrant to search the trailer after it had been impounded. Detective Yglesias sought the warrant
to recover (1) property belonging to Leo Brutsche, (2) documents of dominion and control including documents belonging to Mr. Hendrickson, and (3) any other item determined to be stolen property at the time of service of the warrant. CP 97-100. The underlying facts that Detective Yglesias cited to establish probable cause to authorize the search of the trailer for these items are as follows: On 8/23/04 the relatives of a victim of a theft of a utility trailer and contents observed what they believed to be the stolen trailer in the parking lot of 4340 S. Tacoma Way. Officer Budinich responded and contacted the victim who identified the trailer as his. A comparison of the VIN on the trailer to the registration that the victim possessed confirmed the identity of the trailer. Officer Budinich was told by a witness that a white male was seen putting tools by the trailer. The witness was able to identify the male and Officer Budinich contacted him. The male identified himself as Kevin Hendrickson. Post Miranda, Hendrickson denied involvement with the trailer, but then stated that he did store items inside. Officer Budinich noticed several locks on the trailer. Hendrickson was asked if he had keys to the locks and he denied that he did. Officer Budinich noticed numerous keys that were attached to Hendrickson's belt. Officer Budinich took the keys and matched some of them to the locks on the trailer. Officer Budinich impounded the trailer and arrested Hendrickson for possession of stolen property. It was later revealed at the jail the Hendrickson's true name is Robert Christensen. Christensen had a warrant for two counts of possession of stolen property. The affiant checked the criminal history on Robert Christensen and found five arrests for possession of stolen property in addition to arrests for theft, forgery [sic] taking a motor vehicle, and trafficking in stolen property. Detective Krause spoke with the victim and learned that the value of the trailer is in excess of $3,000. The affiant also
Page 1 and 2: Sheri L. Arnold Attorney for Appell
Page 3 and 4: 8. Is it misconduct for a prosecuto
Page 5 and 6: Table of Cases Washington Cases TAB
Page 7 and 8: I. ASSIGNMENTS OF ERROR There was i
Page 9 and 10: 4. Did the trial court abuse its di
Page 11 and 12: trailer. RP 59, 87-88, 120-121. Leo
Page 13 and 14: Mr. Joseph Rogers also testified at
Page 15 and 16: possible for the jury to infer that
Page 17 and 18: theft. RP 67. Mr. Rogers looked at
Page 19 and 20: another individual named Lee Farrel
Page 21 and 22: document and a Department of Licens
Page 23 and 24: notebooks and a piece of paper with
Page 25 and 26: in the glove box. RP 160. Mr. Phill
Page 27 and 28: from inside the car. RP 3 1 1. Mr.
Page 29 and 30: V. ARGUMENT A. The State presented
Page 31: Probable cause for an arrest exists
Page 35 and 36: inference that any evidence of stol
Page 37 and 38: The facts set forth in the complain
Page 39 and 40: jury could draw this inference. No
Page 41 and 42: Specific criminal intent may be inf
Page 43 and 44: of what Mr. Noe told him, despite M
Page 45 and 46: 660, 663,440 P 2d 192 (1 968)). Pro
Page 47 and 48: Wn.2d 346, 729 P.2d 48 (1986), citi
Page 49 and 50: & && Sheri Arnold, WSBA No. 18760 A

Appellant's Brief - Washington State Courts

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