State v Forgey

3-5-2012 Washington:

State v Forgey

The real purpose of listing this case is to show that, the BOOKING process is exempt from Miranda. In other words, if one is booked, anything you say can be used against you as it is exempt from Miranda.

From the case:
Isaac Forgey must register as a sex offender due to a 1992 third degree child rape conviction. RCW 9A.44.130. He moved to Pierce County and registered there on May 19, 2008, providing 19016 106th Street Court East in Bonney Lake, Washington (Bonney Lake house) as his address.

Bonney Lake Police Officer David Thaves conducted one or two address checks at the Bonney Lake house. Residents said Forgey lived there but was not often home. On a later November 2, 2008 check at the same house, Thaves spoke to Michael Hellerud, who said Forgey no longer lived there.

On January 26, 2009, Forgey sent a letter to the Pierce County Sheriff's Department reporting a move from the Bonney Lake house to 22304 62nd Avenue East in Spanaway, Washington (Spanaway house). Forgey made no contact with the Sex Offender Registration Unit between May 19, 2008, and January 26, 2009.

Pierce County Sheriff Deputy Andrew Gerrero went to the Spanaway house on February 19, 2009. Resident Helen Klinger told Gerrero that Forgey was asked to leave the first week of January and no longer lived there.

A warrant was issued for Forgey's arrest. He was later booked on this warrant into the Pierce County jail. Following a CrR 3.5 hearing,2 the court made the following findings of fact regarding the booking, all of which are verities on appeal because Forgey assigns no error to them:

1. On May 29, 2009 Corrections Officer Todd Klemme booked the defendant, ISAAC W. FORGEY, into the Pierce County Jail under this cause number.

2. Officer Klemme identified the defendant, ISAAC W. FORGEY, in open court as the individual named Isaac W. Forgey that Officer Klemme booked into the Pierce County Jail on May 29, 2009.

3. Officer Klemme has been employed by the Pierce County Sheriff's Department as a corrections officer in the Pierce County Jail for 17 years.

4. Officer Klemme has worked specifically as a booking officer for 15 years, in addition to being trained in, and performing, other duties within the jail, such as identification and courts.

5. On May 29, 2009 Officer Klemme was working as a booking officer in the Pierce County Jail.

6. Officer Klemme asked the defendant several questions during the booking process, including but not limited to, his name, date of birth, address, next of kin, social security number and employer information.

7. The defendant provided his information in response to the questions asked by Officer Klemme and provided his address as 1213 Hillcrest Loop, Kettle Falls, Washington.

8. The questions that Officer Klemme asked the defendant during the booking process were standard questions that are asked of every individual when they are booked into the Pierce County Jail.

9. Officer Klemme was not involved in any investigation relating to the defendant's current failure to register as a sex offender criminal charge, although Officer Klemme was aware of the charge as the reason the defendant was being booked into the jail, and did not ask the standard questions pursuant to any investigation.

10. Officer Klemme did not coerce the defendant, threaten him or make any promises to him to induce the defendant to make any statements.

11. Officer Klemme did not advise the defendant of his Miranda warnings as it is not standard procedure to do so during the booking process.

Forgey was charged with one count of failing to register as a sex offender. An amended information expanded the violation period to November 2, 2008, through April 7, 2010. At trial, witnesses provided conflicting testimony about Forgey's living arrangements.3 Forgey testified that he provided the Kettle Falls address to the booking officer at the Pierce County jail because he planned to move there.

Forgey testified that he moved to Kettle Falls in June 2009, and registered in Stevens County. He did not report his Kettle Falls move to the Pierce County Sheriff's Department. A jury found Forgey guilty as charged. The court sentenced Forgey within the standard range. Forgey appeals.