Legal Opinion
State v. Avila-Avina
Court of Appeals of Washington
Decided January 24, 2000No. 43015-7-IPublishedCited by 17 opinions
1Opinion of the CourtAppelwick, J.
Anibal Avila-Avina appeals his conviction and sentence for the crime of possessing a firearm without an alien firearm license. Police had seized and detained Avila-Avina for over four hours before he agreed to allow police to search his apartment and car and subsequently made a statement. We hold that the detention was illegal and evidence seized from the home and car, as well as Avila Avina’s statement, were tainted by that illegality. Further, the State has failed to show that the evidence would have come to light inevitably and independently of the illegality. Therefore, we reverse.
FACTS
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2Cases cited20 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Terry v. OhioSupreme Court of the United States · 1968
- Wong Sun v. United StatesSupreme Court of the United States · 1963
- Brown v. IllinoisSupreme Court of the United States · 1975
- Nix v. WilliamsSupreme Court of the United States · 1984
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3Cited by17 opinions
- State v. WintersteinWashington Supreme Court · 2009
- State v. WintersteinWashington Supreme Court · 2009
- In re the Personal Restraint of HaghighiWashington Supreme Court · 2013
- State v. McReynoldsCourt of Appeals of Washington · 2003
- State v. ChapmanNew Jersey Superior Court Appellate Division · 2000
12 more not listed; retrieve them via the Exa API.