Appellant's Brief - Washington State Courts

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 (State 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.