State of Washington v. Aaron L. Linder

Siddoway, C.J. —

¶1 In a series of decisions addressing the requirements of CrR 2.3 (“Search and Seizure”), this court has looked to analogous federal law and held that absent a showing of prejudice to the defendant, procedural noncompliance will not compel invalidation of an otherwise sufficient search warrant or suppression of its fruits. See, e.g., State v. Smith, 15 Wn. App. 716, 552 P.2d 1059 (1976); State v. Aase, 121 Wn. App. 558, 89 P.3d 721 (2004).

¶2 The court below was aware of this case law but nonetheless held that a police officer’s unwitnessed late night execution of a search…