{"id":4388,"date":"2010-12-29T07:20:41","date_gmt":"2010-07-03T13:58:24","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-03T13:58:24","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4388","title":{"rendered":"WA: Arrest of passenger on outstanding trespass warrant did not justify search of the car"},"content":{"rendered":"

Arrest of a passenger for an outstanding trespass warrant did not justify a search incident of the car and there was no reason to believe there was any evidence of a crime or a weapon. State v. Afana<\/a>, 169 Wn. 2d 169 (2010). Lexis overview:<\/p>\n

Petitioner argued that the warrantless search of his car incident to the arrest of his passenger violated his constitutional rights. The trial court granted the motion to suppress, but the appellate court reversed. On review, the court reversed the appellate court’s decision. While the warrant for petitioner’s passenger’s arrest gave a deputy a valid basis for arresting her, he had no reason to believe that the vehicle contained evidence of the crime of trespass, for which she was arrested, nor did the deputy have reason to believe that she posed a safety risk because she was already in custody at the time of the search. Just because petitioner, the driver, was unsecured at the time of the search, this did not justify the search. Thus, the deputy had no authority to search petitioner’s vehicle, and the search violated Wash. Const. art. I, \u00a7 7. The court rejected the argument that the good faith exception was consistent with the court’s past decisions. The court held that it was incompatible with the nearly categorical exclusionary rule under the constitution.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4388","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4388","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4388"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4388\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4388"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4388"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4388"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}