Category Archives: Search and Seizure of Evidence in Car

1. Another Drug-Related Conviction Tossed Out Due to Unlawful Auto Search (Snapp)

   Apr 15, 2012 —

   In general, a law enforcement officer is required to obtain a search warrant before conducting a search of a vehicle (unless the owner has given his or her consent to search it). However, there are some exceptions to this rule. Two of them are: when a suspect is not secured while within reaching distance of … [More]

2. Police May Not Search Car Incident To DUI Arrest

   Mar 26, 2012 —

   In State v. Tamblyn, Division Three of the Washington State Court of Appeals, affirms the idea laid out in the now infamous Gant decision,  that the police may not search a drivers car after he or she is arrested for the crime of DUI unless they take the time to get a warrant. The relevant … [More]

3. Man Found with Methamphetamine, Convicted of DUI Loses Appeal – State v Fenwick

   Oct 28, 2011 —

   The Fourth Amendment to the Constitution protects people in America from unreasonable searches and our State of Washington has even higher protections under our State’s privacy clause (Article I Section 7). In practice, this means that law enforcement cannot conduct a search of an individual’s home, belongings, property, or vehicle without having probable cause to … [More]

4. Washington DUI Caselaw Summary – State v. Fenwick (October 2011)

   Oct 22, 2011 —

   “Counsel, I’m going to strike your request for a 3.6 hearing.”  The dreaded words enter the ears of DUI defense attorneys across the State of Washington.  The DUI defendant looses their right to challenge the admission all evidence found in the car following the arrest for DUI. The warrantless search that was supposedly “incident to … [More]