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WA: SI of passenger compartment after warrant came back on driver was unreasonable

By John Wesley Hall, Jr.

Search incident after a warrant came back during a traffic stop was unreasonable under the search incident doctrine. Loose panels were seen, and the officer called for a drug dog. [The court analyzed the search incident doctrine at common law and showed how it became twisted through Belton.] State v. Valdez, 2009 Wash. LEXIS 1156 (December 24, 2009): A search was permitted incident to arrest under common law based upon concerns for officer safety and to secure evidence of the crime of arrest so as to preserve it for trial. Ringer, 100 Wn.2d at 691-93 (citing Leigh v. Cole, 6 Cox Crim. L. Cas. 329, 332 (Oxford Cir. 1853) and Dillon v. O'Brien, 20 L.R. Ir. 300, 316-17 (Ex. D. 1887)). These justifications permitting a warrantless search incident to arrest are not simply products of judicial fancy, but of principled necessity...continue to full post

Full post as published by Fourth Amendment on December 30, 2009 (boomark / email).