{"id":41593,"date":"2020-01-02T00:01:28","date_gmt":"2020-01-02T05:01:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41593"},"modified":"2020-01-01T16:54:54","modified_gmt":"2020-01-01T21:54:54","slug":"wa-was-a-courthouse-security-search-that-turned-up-drugs-properly-limited-remanded-for-more-fact-finding","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=41593","title":{"rendered":"WA: Was a courthouse security search that turned up drugs properly limited? Remanded for more fact finding"},"content":{"rendered":"<p>An issue that hasn\u2019t appeared in appellate decisions for a while: May a jacket be searched for drugs at courthouse security? Not here, but more fact finding required. The CSO felt a cell phone to remove it from a pocket, but felt drugs instead. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/pdf\/358488_pub.pdf\">State v. Griffith<\/a>, 2019 Wash. App. LEXIS 3236 (Dec. 31, 2019):<br \/>\n<!--more--><\/p>\n<blockquote><p>We are presented with a question of first impression in Washington: are warrantless, suspicionless, state courthouse security screenings constitutional, particularly if they include a search for controlled substances, either by design or as carried out in a particular case?<\/p>\n<p>The Chelan County Superior Court refused to suppress methamphetamine found in a pocket of Lanny Griffith&#8217;s coat in the course of security screening that took place at the county courthouse. Applying well-settled law under the Fourth Amendment to the United States Constitution and a novel question under the Washington Constitution, we hold that if the security guard&#8217;s action in removing methamphetamine from the coat pocket was not cabined to the scope of a permissible administrative search, the evidence should have been suppressed. Because there is a factual dispute whether the security guard&#8217;s actions were consistent with the county&#8217;s security screening policy, we remand for additional fact finding. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>An issue that hasn\u2019t appeared in appellate decisions for a while: May a jacket be searched for drugs at courthouse security? Not here, but more fact finding required. The CSO felt a cell phone to remove it from a pocket, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=41593\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[9,64],"tags":[],"class_list":["post-41593","post","type-post","status-publish","format-standard","hentry","category-administrative-search","category-special-needs"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41593","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=41593"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41593\/revisions"}],"predecessor-version":[{"id":41594,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41593\/revisions\/41594"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41593"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41593"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41593"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}