Personal injury Lawyer
Practice Areas: Personal Injury, Constitutional, Appeals
OUTCOME: Remanded for further proceedings
The court held that unlike the federal Constitution, under Art. I, sec. 7 of the Washington Constitution there is not a separate exception allowing an officer to search a vehicle for evidence of the cr ... ime of arrest pursuant to the lawful arrest of the driver.
OUTCOME: Remanded for further proceedings, resulting the in the conviction being affirmed.
May suppression issues be raised for the first time on appeal where there has been an intervening change in the law as a result of Arizona v. Gant and its Washington progeny
OUTCOME: Conviction affirmed.
Plurality opinion. Defendant presented a claimed medical marijuana certificate to officers serving a search warrant. On appeal the defendant claimed that the certificate defeated probable cause to se ... rve the warrant. Although the court was split as to the reasoning, a majority of the court affirmed the conviction.
OUTCOME: Affirmed
Defendant was charged with second-degree murder and as pretrial detainee was transferred to Western State Hospital for competency evaluation whereupon he was found to improperly be in possession of dis ... covery materials he had not been authorized to possess. Defendant filed motion for immediate return of property and for dismissal of criminal prosecution, alleging State had obtained ex parte orders to seize personal property that had been inventoried by hospital staff when defendant had arrived at hospital. The superior court, denied the motion and appointed a special master to review the seized items in camera, to protect any privileged materials. Direct discretionary review was granted. The Supreme Court held that: (1) defendant did not have a protected privacy interest, under state Constitution, and (2) even assuming that State acted improperly by obtaining ex parte orders to seize personal property, dismissal of second-degree murder charge was not warranted. Affirmed.
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