Legal Opinion

State v. Fenwick

Court of Appeals of Washington

Decided October 18, 2011No. 40542-3-IIPublishedCited by 1 opinion

1Opinion of the CourtJohanson, J.

¶1 Thomas M. Fenwick appeals his convictions for first degree unlawful possession of a firearm and driving under the influence. He argues for the first time on appeal that under Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710, 173 L. Ed. 2d 485 (2009), the search of his *396car incident to his arrest was unconstitutional. He also claims that his trial counsel was ineffective for failing to move to suppress the evidence before trial. We affirm.

FACTS

¶2 Around 1:00 am on December 12, 2009, Washington State Patrol Trooper Joshua Valek was on patrol when he observed a car drifting between lanes on the…

2Cases cited33 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Chimel v. CaliforniaSupreme Court of the United States · 1969
  3. Arizona v. GantSupreme Court of the United States · 2009
  4. State v. McFarlandWashington Supreme Court · 1995
  5. Thornton v. United StatesSupreme Court of the United States · 2004

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3Cited by1 opinion

  1. State v. FenwickCourt of Appeals of Washington · 2011

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