State v. Smith

This case requires us to determine whether a search of an arrestee's "fanny pack" or "waist purse" 1 is reasonable where the search is contemporaneous with the arrest and the arrestee was wearing the fanny pack just prior to the arrest. The trial court found Clayton D. Smith guilty of possession of cocaine, based on evidence found during a search of his fanny pack. The Court of Appeals concluded that the search was unreasonable, vacated the conviction and dismissed the charge. State v. Smith, 61 Wn. App. 482, 483, 810 P.2d 982 (1991). We hold that the search was reasonable under the Fourth…