Facts: Petitioner James Casal was convicted of possession of marijuana with intent to deliver in the Superior Court for King County after a trial in which evidence obtained from a search of Casal’s home was introduced. Casal subsequently appealed his conviction, claiming that the police officer that had sought the search warrant had fabricated information in order to obtain the warrant. The Washington Court of Appeals rejected Casal’s petition for a new trial and affirmed his conviction. Casal appealed this decision to the Supreme Court of Washington.

Question(s): Should the trial court have held an evidentiary hearing in order to determine whether the affidavit sworn in support of the search warrant contained statements that were false or in reckless disregard of the truth?

Conclusion: Justice Pearson’s opinion for a unanimous Court reversed the trial court’s decision and remanded the case for an in camera hearing to determine the veracity of the statements contained in the affidavit sworn in support of the warrant, holding that as demonstrating the falsity of the contested statements was dependent upon the testimony of a secret informant, Casal’s failure to make the substantial preliminary showing normally required in order to grant an evidentiary hearing should not preclude him from obtaining such a hearing. As probable cause for the search warrant did not exist if Casal’s allegations were true insofar as the affidavit contained no other information that could provide probable cause, the Court concluded that an in camera examination of the informant that would preserve their anonymity was appropriate.

Docket No. 50905-1

Petitioner: James Casal

(Counsel: Thomas M. Tarpley)

Respondent: State of Washington

(Counsel: Norm Maleng and Ricardo S. Martinez)

Decided: Thursday, May 23rd, 1985

Prevailing Party: James Casal (Petitioner)

Vote: 7-0

Opinion: 103 Wn.2d 812 (1985)

Court: Dolliver1 Court (1985-1986)

Dolliver

Utter

Brachtenbach

Dore

Pearson

Henry
(Pro Tem)

Callow

Wieland
(Pro Tem)

Goodloe