State v. Chrisman

(dissenting) — The issue in this case is the extent to which a police officer's discretion to maintain visual surveillance of an arrestee justifies intrusion into the arrestee's privacy. When the officer is legitimately exercising that discretion, "plain view" contraband, inadvertently discovered, may be seized. See State v. Daugherty, 94 Wn.2d 263, 616 P.2d 649 (1980), cert. denied, 450 U.S. 958 (1981); 2 W. LaFave, Search and Seizure § 6.4, at 421 (1978). The majority excludes "plain view" contraband from evidence in this case by finding that an officer may legitimately accompany the…