Legal Opinion

State v. Gauthier

Court of Appeals of Washington

Decided April 1, 2013No. 67377-7-IPublishedCited by 18 opinions

1Opinion of the CourtAppelwick, J.

¶1 — Gauthier exercised his constitutional right to refuse to consent to a warrantless search and seizure of his DNA. The State introduced evidence of his refusal and argued it was substantive evidence of his guilt. We reverse.

FACTS

¶2 Thomas Gauthier appeals from his conviction of second degree rape. He was charged in King County for the 2001 rape of T.A. Gauthier’s and T.A.’s versions of events differed substantially at trial.

¶3 Gauthier testified that on the night of April 21-22, 2001, he was high and walking along Des Moines Memorial Drive. He wanted to find someone to sell him crack, so…

2Cases cited41 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Griffin v. CaliforniaSupreme Court of the United States · 1965
  3. Griffin v. CaliforniaSupreme Court of the United States · 1965
  4. Bumper v. North CarolinaSupreme Court of the United States · 1968
  5. United States v. HaleSupreme Court of the United States · 1975

36 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. State v. BairdWashington Supreme Court · 2016
  2. State v. HoodNebraska Supreme Court · 2018
  3. State v. MechamWashington Supreme Court · 2016
  4. State v. GauthierCourt of Appeals of Washington · 2015
  5. State v. TungNew Jersey Superior Court Appellate Division · 2019

13 more not listed; retrieve them via the Exa API.

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