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WA: Ability to get telephonic search warrant showed no exigency for car search

By John Wesley Hall, Jr.

Despite there being probable cause to believe that defendant’s vehicle had drug in it, he was stopped for a defective taillight, he was out of the car, and there was no exigency for a search under the Washington Constitution. There was time to get a telephonic warrant under state law because the officer had a cell phone. State v. Tibbles, 2010 Wash. LEXIS 637 (August 5, 2010): ¶11 On the stipulated facts in this case, the State has not shown any need for particular haste . The suspect was not fleeing, nor has there been any showing that he presented a risk of flight. While there was probable cause that evidence of contraband existed in the vehicle, Tibbles was outside the vehicle when Trooper Larsen searched it and the State has not established that the destruction of evidence was imminent...continue to full post

Full post as published by Fourth Amendment on August 08, 2010 (boomark / email).