{"id":6854,"date":"2012-05-10T18:39:29","date_gmt":"2012-03-21T09:17:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-21T09:17:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6854","title":{"rendered":"WA: SW for car permitted search of purse left there even though there was no PC as to purse"},"content":{"rendered":"

Defendant was in a car that was stopped and the police had probable cause. They made her leave her purse behind. When the warrant issued, the purse could be searched because it was with the car, for which there was probable cause. State v. Campbell<\/a>, 166 Wn. App. 464, 272 P.3d 859 (2011), Order Granting Motion to Publish 165 Wn. App. 1021, 2011 Wash. App. LEXIS 2915 (Wash. Ct. App., Dec. 29, 2011):<\/p>\n

Circumstances can exist where probable cause may exist for a search of an individual’s property even though officers do not have equivalent probable cause that the owner of the property is involved in crime. Cf. Zurcher v. Stanford Daily, 436 U.S. 547, 556-57, 98 S. Ct. 1970, 56 L. Ed. 2d 525 (1978) (Fourth Amendment does not prevent issuance of a warrant to search property simply because the owner or possessor is not reasonably suspected of criminal involvement); see also 2 Wayne R. Lafave, Search and Seizure: A Treatise on the Fourth Amendment \u00a7 4.10(b) at 747-48 (4th ed. 2004) (distinguishing entitlement to search a visitor’s belongings where police have grounds to believe items sought in the warrant might be concealed there). Both Worth and Hill implicitly recognize that personal property belonging to someone other than the owner of premises can be subject to a warrant for a premises search where probable cause exists and the scope of a warrant is accordingly broad: Worth’s holding depends on its reasoning that no probable cause brought Worth’s purse within the scope of the warrant. Hill’s holding that \u201cgenerally officers have no authority under a premises warrant to search personal effects an individual is wearing or holding\u201d implies that sometimes they do. 123 Wn.2d at 644 (emphasis added).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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