State Of Washington v. Rebecca L. Mcintire

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, ) ) DIVISION ONE Respondent, ) ) No. 77730-1-1 v. ) ) UNPUBLISHED OPINION REBECCA LOUISE MCINTIRE, ) ) Appellant. ) FILED: February 26, 2018 9C:9 WV 9Z 93J 010Z ) DWYER, J. — Following a bench trial, Rebecca McIntire was found guilty of unlawful possession of a controlled substance. On appeal, McIntire contends that the trial court erred by denying her motion to suppress evidence of the drugs discovered in her purse. Finding no error, we affirm. The State charged Rebecca McIntire with possession of heroin. McIntire filed a motion to suppress evidence of the heroin discovered in her purse. Following a CrR 3.6 hearing, the trial court entered written findings of the following undisputed facts: 1.1 Officer John Dorff and Sergeant Doug Clary were employed by the Centralia police department and working in their capacity as law enforcement officers on October 1, 2016. 1.2 At approximately 4:30 pm, Dorff and Clary arrived at the King Oscar Motel in Centralia to look for Natalie Sanchez based on an anonymous tip that she was staying in a particular room at that hotel. 1.3 Natalie had an active warrant for her arrest on October 1, 2016. No. 77730-1-1/2 1.4 Both Dorif and Clary went to the lobby of the hotel and spoke with the clerk about Natalie staying at the hotel. 1.5 The clerk informed Dorff and Clary that Natalie Sanchez was not registered in that particular room, but Alicia Sanchez was. 1.6 The clerk stated that if anyone other than Alicia Sanchez was in the hotel room, she (the clerk) wanted them trespassed from the hotel. 1.7 The clerk informed Dorff and Clary how to get to the room Alicia was registered in. 1.8 When they arrived at the hotel room, Dorff and Clary knocked on the door, which was answered a short while later by a person Clary visually recognized as Rebecca McIntire. 1.9 Dorff explained to McIntire why he and Clary were at her hotel room, and asked if Natalie was in the room. 1.10 McIntire informed Dorff and Clary that she was the only person in the hotel room. 1.11 Around this same time, the clerk came to the room, observed McIntire, stated that she (McIntire) was not registered to the room, and requested law enforcement trespass McIntire from the room. 1.12 The officers did not obtain any additional information regarding the basis for the clerk's request to trespass McIntire, and their authority to trespass was based on the clerk's request alone. 1.13 When the clerk requested McIntire be trespassed, Dorff and Clary told her to gather her belongings and leave the room. 1.14 While she was gathering her belongings, Dorff and Clary entered the hotel room to ensure Natalie was not present and to make sure McIntire did not pick up any type of weapon. 1.15 During the time McIntire was gathering her belongings, Dorff asked for her driver's license in a normal, ...

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