State v. Hehman

This case presents two questions. Was it reasonable and constitutionally permissible to take the defendant into custody and transport him to jail for minor traffic violations? Was it proper to invade defendant's pockets and open two small pill boxes found in the pockets as a part of an arrest search? We answer both questions in the negative.

At approximately 10:20 p.m. on August 13, 1974, defendant was driving his vehicle on Geiger Boulevard in Spokane County. A deputy sheriff observed a defective taillight on the vehicle and followed defendant. After defendant stopped his car in the driveway…