Facts: Petitioner Walter Doughty was arrested for and subsequently convicted in the Superior Court for Spokane County of possession of methamphetamine and driving with a suspended driver’s license after police officers observed him approach a suspected drug house and return to his automobile a few minutes later, leading to a stop of Doughty’s automobile for suspicion of drug activity that revealed Doughty was driving with a suspended driver’s license and a search that revealed that Doughty was in possession of methamphetamine. Doughty subsequently appealed his conviction, asserting that the search was unreasonable and violated the 4th Amendment to the United States Constitution’s and Article I ยง7 of the Washington State Constitution’s prohibition against unlawful searches and seizures and that therefore evidence derived from the search should have been suppressed at trial. The Washington Court of Appeals affirmed Doughty’s conviction. Doughty appealed this decision to the Supreme Court of Washington.
Question(s): Was the warrantless search of Doughty’s automobile a reasonable search?
Conclusion: Justice Sanders’ opinion for the Court reversed the Washington Court of Appeals, vacated Doughty’s conviction, and ordered the evidence derived from the search suppressed, ruling that the search was unconstitutional insofar as any warrantless search must be justified by a well founded suspicion that a defendant had engaged in criminal conduct and Doughty’s mere presence for a brief period of time in the vicinity of a suspected drug house did not give rise to such a well founded suspicion.
Docket No. 82852-1 (from Court of Appeals Division III Case No. 26573-1)
Petitioner: Walter Moses Doughty
(Counsel: Janet G. Gemberling)
Respondent: State of Washington
(Counsel: Mark Erik Lindsey)
Briefs:
Argument: Thursday, May 6, 2010 10:00am
[Source: TVW, http://tvw.org]
Audio: Washington Supreme Court
Decided: Thursday, September 23rd, 2010
Prevailing Party: Walter Moses Doughty (Petitioner)
Vote: 6-3
Citation: Pending
Court: Madsen1 Court (2010-2011)
Madsen
Johnson
Alexander
Sanders
(Majority)
Chambers
(Concurs)
Owens
Fairhurst
(Dissent)
Johnson
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.