State v. Vandehey

The state appeals an order suppressing evidence seized from defendant’s car after an accident. The trial court held that the search was illegal, because probable cause and exigent circumstances did not exist.1 We agree and affirm.

While defendant was driving home from the beach, she apparently attempted to pass a car and lost control when she swerved to avoid a collision with an oncoming car. A deputy sheriff arrived at 4:20 p.m. and observed a car in the ditch with defendant and small children inside. The deputy testified that two eyewitnesses told him that defendant’s driving had been…