286 P.3d 413
Wash. Ct. App.2012Background
- MacDicken appeals two counts of first-degree robbery and one count of unlawful firearm possession, challenging denial of suppression.
- Officers searched laptop bag and a rolling duffel bag near MacDicken after arrest, while he remained within reaching distance.
- Robbery occurred at a Lynnwood Extended Stay hotel; stolen items included a laptop, phone, DVDs, and iPod.
- Steig’s cell led detectives to a Travelers Inn; Ramsey was detained for warrants, while other room occupants were arrested.
- MacDicken, seen leaving with a laptop bag and rolling bag, was arrested high-risk; he was handcuffed near a patrol car.
- Detective Gillebo moved the bags a car-length away but still within reach and then searched them, yielding a pistol and other items.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the bag search incident to arrest violated Article I, §7. | MacDicken argues the search exceeded permissible scope. | State contends the search was within the incident-to-arrest exception. | The search was lawful; within-scoped reach justifications supported. |
Key Cases Cited
- Chimel v. California, 395 U.S. 752 (U.S. Supreme Court 1969) (defines permissible scope of search incident to arrest)
- State v. Byrd, 162 Wn. App. 612 (Washington Appellate 2011) (distinguishes cases where arrestee is not within reach)
- United States v. Maddox, 614 F.3d 1047 (9th Cir. 2010) (arrests when arrestee cannot reach evidence differ from here)
- State v. Garvin, 166 Wn.2d 242 (Washington Supreme Court 2009) (enumerates warrant-exceptions including incident to arrest)