{"id":19986,"date":"2015-12-16T16:47:10","date_gmt":"2015-12-16T21:47:10","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19986"},"modified":"2015-12-16T16:47:52","modified_gmt":"2015-12-16T21:47:52","slug":"wa-ex-parte-order-freezing-criminal-defs-bank-account-was-not-functional-equivalent-of-a-sw-and-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19986","title":{"rendered":"WA: Ex parte order freezing criminal def’s bank account was not functional equivalent of a SW and unreasonable"},"content":{"rendered":"

An ex parte order to freeze a bank account of a theft suspect violated the Washington Constitution because bank records are protected there. The trial court\u2019s order was without legal authority, and it was not the functional equivalent of a search and seizure warrant. State v. Meza<\/a>, 2015 Wash. App. LEXIS 3023 (Dec. 15, 2015):
\n<\/p>\n

\u00b619 The State also argues that under Garcia-Salgado, the trial court’s order is the functional equivalent of a search warrant. A broad reading of Garcia-Salgado provides some support for the State’s position. The court in Garcia-Salgado expressly stated that a court order can satisfy the warrant requirement for a search and seizure if it meets the constitutional requirements of a search warrant. 170 Wn.2d at 186.<\/p>\n

\u00b620 However, the court in Garcia-Salgado did not hold that any trial court order that satisfies the warrant requirements could function as a warrant. The court allowed a trial court order to function as a warrant because the trial court had authority independent of CrR 2.3 to issue the order. See id. In Garcia-Salgado, the trial court’s order was issued under CrR 4.7(b)(2)(vi), which expressly authorized the search. Id. at 181-82, 183. The court held that a trial court order authorizing a search under CrR 4.7(b)(2)(vi) could function as a court order. Id. at 186.<\/p>\n

\u00b621 We hold that the Garcia-Salgado holding is limited to cases where the trial court’s order is authorized by law. Allowing a court order to function as a warrant when there is no independent authority for a seizure would render CrR 2.3 meaningless. Limiting the scope of Garcia-Salgado preserves the integrity of CrR 2.3.<\/p>\n

\u00b622 Here, the State cites no statute, court rule, or other authority allowing the seizure of a defendant’s bank account in these circumstances. Therefore, the seizure was not authorized by law. We hold that Garcia-Salgado is inapplicable and that the trial court’s order cannot be treated as the functional equivalent of a warrant.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

An ex parte order to freeze a bank account of a theft suspect violated the Washington Constitution because bank records are protected there. The trial court\u2019s order was without legal authority, and it was not the functional equivalent of a … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[69],"tags":[],"class_list":["post-19986","post","type-post","status-publish","format-standard","hentry","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19986","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19986"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19986\/revisions"}],"predecessor-version":[{"id":19988,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19986\/revisions\/19988"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19986"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19986"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19986"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}