State v. Snapp

¶65 (dissenting) — Article I, section 7 of the Washington State Constitution affords greater protection for private affairs than does the Fourth Amendment to the United States Constitution, which protects against only “unreasonable searches.” However, the majority overstates such heightened protection in the context of lawful arrests. A probable cause standard allowing officers to search for evidence relevant to the crime of arrest is constitutionally permissible. This requirement is derivative of the longstanding search incident to arrest exception in this court’s decisions under article I,…