State v. Brock
Court of Appeals of Washington
1Opinion of the CourtAppelwick, J.
¶1 Under the “time of arrest” rule, an officer may search personal articles in an arrestee’s actual *682and exclusive possession at or immediately preceding the time of arrest. During a Terry1 stop, an officer separated Brock from his backpack. The officer subsequently arrested Brock and searched his backpack, but not until nearly 10 minutes after separating Brock from the bag. The trial court denied Brock’s motion to suppress, finding that this was a valid search incident to arrest under article I, section 7 of the Washington Constitution. We reverse and remand.
FACTS
¶2 On May 21, 2008, Officer…
Also in this document: Concurrence.
2Cases cited10 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Terry v. OhioSupreme Court of the United States · 1968
- State v. O'NeillWashington Supreme Court · 2003
- State v. ValdezWashington Supreme Court · 2009
- State v. ValdezWashington Supreme Court · 2009
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3Cited by8 opinions
- State v. BrockWashington Supreme Court · 2015
- State v. MercierNorth Dakota Supreme Court · 2016
- State v. VanNessCourt of Appeals of Washington · 2015
- State Of Washington, Res/cross-app. v. Heather Anne Alexander, App/cross-res..Court of Appeals of Washington · 2019
- State Of Washington v. Dominique N. BurdickCourt of Appeals of Washington · 2020
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