Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

WA: Misdemeanor arrest was in presence of officer even though he did not make the arrest

By John Wesley Hall, Jr.

Defendant’s arrest by an officer other than the one who saw the misdemeanor violation was valid because the first officer who saw it was still present. Thus, the search incident to the arrest was valid. State v. Ortega, 2011 Wash. App. LEXIS 344 (February 7, 2011).* The officer encountered defendant while looking for a wandering black bear, and saw marijuana in plain view. After arresting him, a further search of the car was not justified without a warrant under the Washington Constitution. State v. Swetz, 2011 Wash. App. LEXIS 377 (February 11, 2011).* Defendant’s vehicle completely crossed the centerline coming down a hill to a stop sign, and then two wheels later crossed the centerline. The stop was valid, and the motion to suppress was erroneously granted...continue to full post

Full post as published by Fourth Amendment on March 03, 2011 (boomark / email).