WA: Fisherman being ticketed for snagging fish asked about gun in car was not subject to protective weapons search

“Law enforcement need not obtain a warrant prior to conducting a protective vehicle search, so long as there is reasonable suspicion a suspect is dangerous and may gain immediate control of weapons. We are confronted with whether a suspect’s potential access to firearms alone satisfies these prerequisites. Under the circumstances presented here, involving a recreational sportsman cited for a fishing violation, we hold it does not. We thus affirm the superior court’s order of suppression.” State v. Cruz, 2016 Wash. App. LEXIS 1665 (July 19, 2016).

Defendant was under a broad probation search condition, and this search was based on reasonable suspicion and valid. United States v. Rodriquez, 2016 U.S. App. LEXIS 13143 (8th Cir. July 19, 2016).*