WA: Overbroad SW was severable as to three places searched

The Washington Division of Fish and Wildlife received detailed reports of defendant brothers’ charter boats engaging in unlawful recreational fishing of halibut to skirt the daily catch limit. They put an undercover officer (a former charter boat operator) on one of the boats. While undercover, the officer heard the boat captain make incriminating comments about how to skirt the limit. Ultimately, a search warrant was obtained for the company records for the same year as the offense and for records on three vessels. The court concludes there was no real inference of overfishing to be found on two of the vessels but was on one. “We conclude that the warrant was severable because a meaningful separation on a logical and reasonable basis can be made between the records of the Westwind and the records of the other three vessels. Therefore, the warrant was valid against David Gudgell, but not Robert Gudgell because probable cause did not support a search of records related to the [vessel] Katie Marie, as discussed above. Accordingly, the Gudgells’ argument concerning overbreadth and severability fails.” Reversed as to one defendant but not the other. State v. Gudgell, 2021 Wash. App. LEXIS 2787 (Nov. 23, 2021).

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