Facts: Petitioner Jesus Valdez was convicted of possession of a controlled substance with intent to deliver in the Superior Court for Clark County after evidence from a warrantless search of Valdez’s automobile that followed his arrest for an unrelated crime and revealed methamphetamine was admitted at trial. Valdez subsequently appealed his conviction, asserting that the search violated his rights under the 4th Amendment to the United States Constitution and Article II §7 of the Washington State Constitution insofar as he had already been taken into custody at the time of the search and there was no reason to believe that evidence relevant to the crime that had precipitated Valdez’s initial arrest would be found in the car. The Washington Court of Appeals reversed the trial court’s admission of the contested evidence, vacated Valdez’s conviction, and remanded the case with instructions to suppress. The state of Washington appealed this decision to the Supreme Court of Washington.
Question(s): Did probable cause exist to search Valdez’s automobile following his arrest?
Conclusion: Justice Sanders’ opinion for the Court held that the search of Valdez’s automobile was unreasonable and thus unconstitutional insofar as the search was predicated neither upon safety (as Valdez was already in custody at the time) nor upon the preservation of evidence of the underlying crime (as Valdez’s arrest had been occasioned by an outstanding warrant for his arrest for an unrelated crime). As the methamphetamine uncovered by the search had been the sole evidence presented against Valdez, the Court also ruled that the charges against Valdez be dismissed.
Docket No. 80091-0 (from Court of Appeals Division II Case No. 33647-2)
Petitioner: State of Washington
(Counsel: Reed Manley Benjamin Speir and Anne Mowry Cruser)
Respondent: Jesus Valdez
(Counsel: Michael C. Kinnie)
Briefs:
- ACLU Amicus
- Answer to Petition for Review
- Motion for Disc Review
- Petitioners Supplemental Brief
- Reply of Appellant
- Respondent Brief
- Respondents Statement of Additional Authority
- Response to ACLU Amicus
- Response to WAPA Amicus
- Ruiz Appellant Brief
- Statement Additional Authority
- Supplemental Brief of Amicus ACLU
- Supplemental Brief of Respondent
- Supplemental Brief of Respondent Valdez
- Valdez Appellant Brief
- WAPA Amicus
- Wda Amicus
Argument: Tuesday, June 10, 2008 9:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, December 24th, 2009
Prevailing Party: Jesus Valdez (Respondent)
Vote: 9-0
Citation: Pending
Court: Alexander4 Court (2008-2009)
Alexander
(Concurs)
Johnson
Madsen
Sanders
(Majority)
Chambers
Owens
Fairhurst
Johnson
(Concurs)
Stephens
Note: We post only slip opinion(s) as published at the time of the decision. Please consult Washington Reports printed volumes for the opinion(s) in their final form. Each opinion should appear next to the Justice who authored it.