Appellant's Brief - Washington State Courts

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makes mention in this affidavit of actions taken by Officer Budinich, not to assist with establishing probable cause, but to make the judge aware of the actions of Officer Budinich and the facts of the case. Officer Budinich, with the victim present, used the keys to open the back door of the trailer, and a knife to pry a door that didn't have a key. Officer Budinich observed vehicle license plates and VIN plates in a small bag in the trailer while doing so. Oficer Budinich then contacted a supervisor and was told to impound the vehicle for a warrant. It is important to note that the complaint for the search warrant misrepresents the order of events leading up to Mr. Hendrickson's arrest and the initial search of the trailer. The facts as stated in the complaint suggest that Mr. Hendrickson was not placed under arrest until after Officer Budinich had taken the keys from Mr. Hendrickson's belt and unlocked the trailer. As indicated above, this is not what happened. Mr. Hendrickson was arrested immediately after identifling himself, and the trailer was searched only after Mr. Hendrickson was handcuffed and placed in the back of Officer Budinich's patrol car. The only item identified in the complaint as belonging to Leo Brutsch was the trailer itself. The trailer had already been recovered, obviating the need to search the trailer for any more of Leo Brutsche's stolen property. The complaint failed to set forth any facts to support the
inference that any evidence of stolen property belonging to Leo Brutsche would be found inside the trailer. The only facts cited to support the inference that documents of dominion and control including documents belonging to Mr. Hendrickson would be found in the trailer were that Mr. Hendrickson was seen putting tools by the trailer, and that Mr. Hendrickson had keys which opened padlocks on the outside of the trailer. The complaint failed to set forth any facts to support the inference that any documents of dominion and control, much less documents of dominion and control belonging to Mr. Hendrickson, would be found inside the trailer. Finally, the complaint failed to cite any fact which might support the inference that any other stolen property might found inside the trailer. The only other items listed as being located in the trailer were the license plates and VIN numbers seen by Officer Budinich when he performed the previous search of the trailer. While it is true that prior convictions of a suspect may be used in determining probable cause, particularly when a prior conviction is for a crime of the same general nature (<strong>State</strong> v. Clark, 143 Wn.2d 73 1, 749,24 P.3d 1006, cert. denied, 534 U.S. 1000, 122 S.Ct. 475, 15 1 L.Ed.2d 389 (2001)), the complaint fails to set forth sufficient information to support an inference that any stolen items would be found inside the trailer.
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 and 32: Probable cause for an arrest exists
Page 33: to recover (1) property belonging t
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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