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Frost v. City of Walla Walla9/11/1986
On February 14, 1982, Robert Frost was driving in the city of Walla Walla. Two Walla Walla police officers suspected Frost of driving while intoxicated and driving while his license was suspended. The officers pulled Frost over on the side of a street on which parking was prohibited, arrested him and gave him the choice of having his car impounded or having the police move it to the other
side of the street. Frost chose the latter.
After the police officers moved the car and parked it legally two blocks away, they discovered a paper bag containing 4 ounces of marijuana, a gun and a knife. The search was made without a warrant, because 1 month earlier an informant had told the police Frost was a drug dealer. The police later obtained a warrant, impounded the vehicle, and brought an action to obtain forfeiture of the car pursuant to RCW 69.50.505 et seq. Criminal charges for unlawful possession of controlled substances were also filed.
In the criminal case, the trial judge suppressed the drugs found in Frost's car, believing the search did not fall within the warrantless search exceptions under the Fourth Amendment. Accordingly, the criminal charges relating to the possession of drugs were dropped. These decisions by the trial court are not before us.
A hearing was held pursuant to RCW 69.50.505 to determine whether Frost's car should be forfeited. The trial judge again suppressed the evidence of drugs and consequently, because there was no evidence to justify the forfeiture of Frost's vehicle, the judge ordered the police to return Frost's car to him. The police did not challenge this order and returned his car within a few hours. Frost, however, in a separate replevin action, has sued the City of Walla Walla for damages for the seizure and improper impoundment of his vehicle. Frost further asserts that pursuant to RCW 69.50.505(e), he should receive reasonable attorney fees.
The trial judge denied his claim for damages and awarded Frost only statutory attorney fees and costs of $219.92. Frost appealed to the Court of Appeals, which certified the case to us. The City of Walla Walla has not cross-appealed, but claims that RCW 69.50.506(c) insulates the City and the officers from liability.
Analysis
Detective Ron Gilbreath seized Frost's vehicle on February 14, 1982, pursuant to former RCW 69.50.505(a)(4). This
statute, which is part of the Uniform Controlled Substances Act, subjects to forfeiture:
All conveyances, including aircraft, vehicles, or vessels, which are used, or intended for use, to transport . . . for the purpose of sale or receipt of [controlled substances].
The evidence which Detective Gilbreath had that indicated that Frost had transported for sale controlled substances in his car was obtained by an illegal search of Frost's car after his arrest for driving while under the influence. The City admits that the search was improper and as a result this issue is not before this court. The trial court, therefore, properly suppressed the evidence of the search in both the criminal and forfeiture proceedings. One 1958 Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 696, 14 L. Ed. 2d 170, 85 S. Ct. 1246 (1965); United States v. One 1977 Mercedes Benz, 708 F.2d 444, 448 (9th Cir. 1983); United States v. One 1979 Mercury Cougar XR-7, 666 F.2d 228, 230 (5th Cir. 1982).
Although Frost's car was returned by the police, he nevertheless maintains he is entitled to damages for the loss of use of his car and reasonable attorney fees for the costs of th
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