WA: SI after def’s handcuffing of his computer bag and rolling duffle bag for armed robbery was valid

“When Abraham MacDicken was arrested on suspicion of armed robbery, he was carrying a laptop bag and pushing a rolling duffel bag. The arresting officers moved the bags a car’s length away and searched them. MacDicken claims this search violated his rights under the Fourth Amendment to the United States Constitution and article I, section 7 of the Washington State Constitution. But as this court recently held, officers may search an arrestee’s person and articles closely associated with his or her person at the time of arrest without violating either of those constitutional provisions. … Applying that rule here, we hold that the bags carried by MacDicken were closely associated with him at the time of arrest and thus subject to search without a warrant.” State v. Macdicken, 2014 Wash. LEXIS 161 (February 27, 2014), affg State v. MacDicken, 171 Wn. App. 169, 286 P.3d 413 (2012).

Dissent: “¶12 McCloud, J. (dissenting) — The majority upholds the search of the laptop and rolling duffel bags in this case under a ‘time of arrest’ rule. Majority at 6. I believe that the ‘time of arrest’ rule is inconsistent with United States Supreme Court precedent. For that reason, I respectfully dissent.”