(DOWNLOAD) "State V. Parker" by Washington Supreme Court ~ eBook PDF Kindle ePub Free
eBook details
- Title: State V. Parker
- Author : Washington Supreme Court
- Release Date : January 04, 1999
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 85 KB
Description
These consolidated cases present the question whether the personal belongings of nonarrested vehicle passengers are subject to search incident to the arrest of the driver. In all three cases, the Court of Appeals found the searches valid under the authority of State v. Stroud, 106 Wn.2d 144, 720 P.2d 436 (1986). We reverse. We hold the search incident to arrest exception articulated in Stroud does not automatically extend to the "private affairs" of persons who are not under arrest, including personal possessions police know or should know belong to such nonarrested individuals. Under the facts of these cases, it is undisputed police knew the items searched belonged to individuals who were not under arrest. The facts do not show, nor does the State argue, the existence of any articulable, objective suspicion that any nonarrested passenger was armed or dangerous or had secreted contraband obtained from the arrestee. Therefore, there was no objective, lawful justification for the searches.
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