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Washington v. Crawley

April 23, 1991; As Amended May 22, 1991.

THE STATE OF WASHINGTON, APPELLANT,
v.
KARI L. CRAWLEY, RESPONDENT. THE STATE OF WASHINGTON, APPELLANT, V. HENRY CLYDE MCWHINNEY, RESPONDENT



Munson, J. Green, C.j., and Shields, J., concur.

Author: Munson

The State of Washington appeals an order suppressing evidence obtained in the execution of a warrant

for the search of a residence occupied by Kari Crawley and Henry McWhinney. The State contends the court erred in finding the warrant was issued without probable cause and in failing to apply the "good faith" exception to the exclusionary rule. We affirm.

On September 25, 1989, a search warrant was issued and executed at a residence in East Wenatchee, Washington. The search warrant affidavit was signed by sheriff's deputies Paul Downs and Daniel LaRoche.

Deputy Downs stated he received a telephone call from an anonymous female who reported seeing a marijuana grow operation at the residence. She reported she and her husband were visiting Kari Crawley when Mr. McWhinney, Ms. Crawley's boyfriend, offered to show them the grow operation.

The next day, the female informant called again and asked Deputy Downs to speak with her husband. An anonymous male then told Deputy Downs he had observed a high intensity light shining from the northwest bedroom of the residence the previous night. The male informant also stated he was a friend of Ms. Crawley's mother, Dorothy Tyler.

Deputy LaRoche stated while listening to the anonymous caller on a speaker phone he recognized Mrs. Tyler's name. He had discovered the remains of a marijuana growing operation behind the Tyler residence 2 1/2 weeks earlier. Mrs. Tyler had denied any knowledge of the marijuana grow operation. Deputy LaRoche asked the male informant if he knew anything about the marijuana that had been growing at the Tyler residence, and the informant said Mr. McWhinney had been growing it.

Deputy LaRoche learned from the Douglas County Public Utilities Department that power was provided to the residence in the name of Kari L. Crawley, and power consumption had not increased significantly. He drove past the residence that evening and confirmed a high intensity light was shining from the northwest bedroom, and the bedroom curtains were closed.

On the basis of the deputies' affidavit, the court issued a search warrant for the residence. Growing equipment and marijuana plants were found. The trial court granted Ms. Crawley's and Mr. McWhinney's motions to suppress the evidence.

[1] The State contends the supporting affidavit was sufficient to establish probable cause for the search warrant to issue. The requirements for an informant's tip to create probable cause for a search warrant are set forth in State v. Jackson, 102 Wash. 2d 432, 435, 438, 688 P.2d 136 (1984):

(1) the officer's affidavit must set forth some of the underlying circumstances from which the informant drew his conclusion so that a magistrate can independently evaluate the reliability of the manner in which the informant acquired his information; and (2) the affidavit must set forth some of the underlying circumstances from ...


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