319 P.3d 31
Wash.2014Background
- MacDicken was arrested for armed robbery with a laptop bag and rolling duffel bag in his possession; officers moved and searched those bags without a warrant.
- The bags were found to contain items including Steig’s laptop, a laptop bag, and a handgun.
- Court previously held arrestee’s person and items closely associated may be searched incident to arrest; applying Byrd, the bags were closely associated with MacDicken.
- MacDicken argued the search violated Fourth Amendment and Washington Constitution Article I, §7.
- Trial court denied suppression for lack of standing on the laptop bag but allowed standing on the firearm charge; the Court of Appeals affirmed the search as incident to arrest.
- The Supreme Court granted review to address whether the warrantless bag search was a valid search incident to arrest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bag search was valid as incident to arrest | MacDicken | State | Yes; search of bags was part of arrest search under Byrd |
Key Cases Cited
- State v. Byrd, 178 Wn.2d 611 (2013) (search of arrestee’s person includes items in her possession at arrest)
- United States v. Robinson, 414 U.S. 218 (1973) (search incident to arrest of arrestee’s person justified by officer safety and evidence preservation)
- Chimel v. California, 395 U.S. 752 (1969) (limits to area within arrestee’s immediate control)
- Arizona v. Gant, 556 U.S. 332 (2009) (controls searches of arrestee’s vehicle; relevance to immediate control)
- State v. Afana, 169 Wn.2d 169 (2010) (outlines exceptions to warrantless searches under WA Constitution)
- State v. Walker, 157 Wn.2d 307 (2006) (Washington privacy protections precede US Constitution analysis)