WA: Ex parte order freezing criminal def’s bank account was not functional equivalent of a SW and unreasonable

An ex parte order to freeze a bank account of a theft suspect violated the Washington Constitution because bank records are protected there. The trial court’s order was without legal authority, and it was not the functional equivalent of a search and seizure warrant. State v. Meza, 2015 Wash. App. LEXIS 3023 (Dec. 15, 2015):

¶19 The State also argues that under Garcia-Salgado, the trial court’s order is the functional equivalent of a search warrant. A broad reading of Garcia-Salgado provides some support for the State’s position. The court in Garcia-Salgado expressly stated that a court order can satisfy the warrant requirement for a search and seizure if it meets the constitutional requirements of a search warrant. 170 Wn.2d at 186.

¶20 However, the court in Garcia-Salgado did not hold that any trial court order that satisfies the warrant requirements could function as a warrant. The court allowed a trial court order to function as a warrant because the trial court had authority independent of CrR 2.3 to issue the order. See id. In Garcia-Salgado, the trial court’s order was issued under CrR 4.7(b)(2)(vi), which expressly authorized the search. Id. at 181-82, 183. The court held that a trial court order authorizing a search under CrR 4.7(b)(2)(vi) could function as a court order. Id. at 186.

¶21 We hold that the Garcia-Salgado holding is limited to cases where the trial court’s order is authorized by law. Allowing a court order to function as a warrant when there is no independent authority for a seizure would render CrR 2.3 meaningless. Limiting the scope of Garcia-Salgado preserves the integrity of CrR 2.3.

¶22 Here, the State cites no statute, court rule, or other authority allowing the seizure of a defendant’s bank account in these circumstances. Therefore, the seizure was not authorized by law. We hold that Garcia-Salgado is inapplicable and that the trial court’s order cannot be treated as the functional equivalent of a warrant.