State ex rel. Schillberg v. Everett District Justice Court

We are asked to determine the constitutionality of JCrR 2.10(e) providing for the return of property unlawfully seized.

David R. Allen was arrested in Lynnwood for possession of stolen property. In the back seat of his automobile were a number of items of merchandise, some of which matched the description of items taken that day from a store in Everett. The merchandise was seized. Allen was booked and jailed, and on the following day he was arraigned. An order was issued by the district court, which required his release on the following day if a complaint were not filed, and for the…