FACTS
At approximately one o'clock in the morning, two King County police
officers, Jeff Barden and Koby Hamill, heard a report from Federal Way dispatch
No. 66727-1-I/2
of a suspicious person in the area of their patrol. The suspect was described as
an unknown race male that was wearing dark clothing including a hood over his
head, carrying a flashlight and possibly a backpack. The caller who reported the
suspicious prowling activity also communicated that there had been a recent
rash of gas thefts and vehicle prowls in the neighborhood.
The officers responded to the report and arrived in the area within eight to
twelve minutes. When they were approximately a mile, or about twelve blocks,
from the location where the call was made from, they noticed a man walking on
the shoulder of the road. He was wearing a dark hooded jacket, with his hands
in his pockets and his hood pulled over his head against the rain. The man was
later identified as the defendant, Lyle Estep. There were no other pedestrians in
the area. The officers activated the emergency lights, to get Estep to stop and to
alert any oncoming vehicles of their location. Estep turned, began walking back
towards the patrol car, and removed his hood. He moved his hands towards his
pockets, hesitated, dropped them briefly to his sides, and then put them back
into his pockets again. Officer Hamil told Estep why they were contacting him,
and asked him if he had a flashlight on his person. Estep was cooperative and
responded that he did not have a flashlight.
Concerned with Estep's movements, Officer Hamil asked him to remove
his hands from his pockets. Estep initially complied, though he then put his
hands back in his pockets. At that point, Officer Hamil asked Estep if it would be
alright if Officer Barden performed a pat-down search of his person for any
weapons. Estep said that would be fine. Upon conducting the pat-down, Officer
Barden felt a hard object under Estep's waistband, which he believed to be a
gun. When he asked Estep if he was feeling a gun, Estep said, yes. The
officers placed Estep in handcuffs and removed a fully loaded semiautomatic
pistol from his waistband. Officer Hamill asked Estep if he had any other
weapons on his person, and he responded that he did, gesturing to his right hip,
where Officer Hamill located a buck knife with a six inch blade.
The State charged Estep with one count of unlawful possession of a
firearm in the second degree. At trial, Estep moved to suppress evidence under
CrR 3.6. After a suppression hearing with argument from both parties, the trial
court denied the motion. Proceeding by bench trial on a stipulated record, the
trial court found Estep guilty as charged. Estep timely appeals.
