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

Defendant was leaving a hotel room with a laptop bag and a rolling duffle bag when he was subjected to a felony arrest at gunpoint for armed robbery. After he was handcuffed, his laptop bag and dufflebag were pushed about a car length away and searched. The search was valid under the state constitution as incident to an arrest because defendant was wanted for a violent crime and there were others around in a public place. State v. MacDicken, 171 Wn. App. 169, 286 P.3d 413 (2012), affd State v. Macdicken, 2014 Wash. LEXIS 161 (February 27, 2014) (posted here)

The officer stopping defendant already had probable cause to believe that he was involved in drugs but used a traffic stop as a cover (“whisper stop”). Defendant refused to consent to a search, but the officer used a drug dog which alerted on the car. Since the officer already had at least reasonable suspicion, the detention for the sniff was reasonable. United States v. Son, 2012 U.S. Dist. LEXIS 146107 (N.D. Ga. August 15, 2012)*:

n. 3 A “whisper stop” is used in investigations to avoid disclosure of the underlying drug investigation and, in this case, to protect the role of the confidential informant. Although the trooper is aware of facts related to the drug investigation, a traffic stop based on a violation of traffic laws is conducted.