State v. Jones, 266 P.3d 886

Jones was charged with unlawful possession of cocaine with intent to deliver within 1,000 feet of a school bus stop route, unlawful possession of oxycodone, and unlawful possession of methadone.
On November 21, 2007, Tacoma officers stopped Jones for an alleged seat belt violation and observed pills and unlabeled bottles in a door compartment.
Jones admitted ownership of some pills; he was arrested, Mirandized, and later questioned; he stated he believed Percocet was legal to possess.
Smith then searched Jones’s person, found a bag containing 19 baggies of a white substance later identified as cocaine, and seized pills in the vehicle.
A subsequent vehicle search revealed oxycodone and methadone pills in two bottles; forensics confirmed cocaine, oxycodone, and methadone.
Jones moved to suppress the evidence and statements; the trial court denied the motions; a jury convicted on all counts with a school zone enhancement.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrantless vehicle search was unlawful.	Jones argues the search violated both state and federal constitutions.	Jones contends the search was impermissible and not justified by any exception.	The search was unlawful; evidence from the car must be suppressed.
Whether open view/seizure doctrine permitted seizure without a warrant.	Jones asserts no lawful seizure under open view.	State relies on open view but seeks to justify seizure without a warrant.	Open view did not justify entry to seize the open-view items; suppression required.
Preservation of Fourth Amendment challenge on appeal.	Jones preserved challenge by trial motion to suppress statements and some evidence.	State argues waiver for unchallenged aspects and no new constitutional interpretation to apply retroactively.	Issue not preserved for all theories; majority still suppresses the contested evidence; dissent would affirm.
Impact on convictions for oxycodone and methadone.	Admission of these results should stand if search valid.	Illegality of search taints these convictions.	Convictions for oxycodone and methadone reversed; cocaine within school zone affirmed.

State v. Patton, 167 Wash.2d 379, 219 P.3d 651 (2009) (privacy interest in automobiles; open view limits and need for warrant when entering secured area)
State v. Gibson, 152 Wash.App. 945, 219 P.3d 964 (2009) (open view does not authorize warrantless entry to seize from protected areas)
State v. Kennedy, 107 Wash.2d 1, 726 P.2d 445 (1986) (open view concept; limitations on warrantless seizure)
State v. Robinson, 171 Wash.2d 292, 253 P.3d 84 (2011) (new controlling constitutional interpretation; preservation prerequisites for appeal)
State v. Mierz, 127 Wash.2d 460, 901 P.2d 286 (1995) (preservation of error for suppression challenges)