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319 P.3d 31
Wash.
2014
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Background

  • 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)
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Case Details

Case Name: State v. MacDicken
Court Name: Washington Supreme Court
Date Published: Feb 27, 2014
Citations: 319 P.3d 31; 179 Wash. 2d 936; No. 88267-3
Docket Number: No. 88267-3
Court Abbreviation: Wash.
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