State v. Mackey

This drug case turns on the propriety of a police search of a fanny pack. Police may not search without probable cause. State v. Goodman, 42 Wn. App. 331, 336, 711 P.2d 1057 (1985). They may, however, conduct a limited “Terry search” for weapons, given a “reasonable suspicion.” Terry v. Ohio, 392 U.S. 1, 29-30, 88 S. Ct. 1868, 20 L. Ed. 2d 889 (1968); State v. Broadnax, 98 Wn.2d 289, 296, 654 P.2d 96 (1982). But consent is a well-recognized exception to either of these requirements. Here, the trial judge found, in an unchallenged finding of fact, that Brian D. Mackey consented to this search.…