State v. Rose

¶1 Douglas Rose challenges his convictions for unlawful possession of a stolen access device and unlawful possession of a controlled substance. We must decide if a credit card Rose possessed is an “access device” for purposes of RCW 9A.56.010(1). We must also decide whether Rose’s arrest — leading to the search of his bag and discovery of the evidence against him — was supported by probable cause. We hold that under these facts, the State did not meet its burden to show that the card in question was an access device under RCW 9A.56.010(1). As to this question, we reverse the Court of Appeals.…