Background

• In July 2009, Deputy High stopped Monaghan for running a stop sign in Whatcom County; two passengers were present.
• Deputy Paz checked for an outstanding warrant for Monaghan's passenger, Danielle Fink-Crider; none for Monaghan.
• Monaghan was arrested for making a false statement after misidentifying his female passenger as Amber Smith; Miranda rights were given and waived.
• Monaghan consented to a search of the vehicle's passenger compartment and later to the trunk search; he did not limit or withdraw consent.
• In the trunk, deputies found a soft pack, a dictionary/safe, and keys; opening the safe yielded methamphetamine and drug paraphernalia.
• The trial court denied suppression; on appeal, the court held the locked container search exceeded the scope of consent and violated Washington Constitution article I, section 7, requiring suppression.

Issues

Key Cases Cited

• State v. Reichenbach, 153 Wash.2d 126, 101 P.3d 80 (2004) (per se reasonableness of searches; context for warrantless searches)
• State v. Thompson, 151 Wash.2d 793, 92 P.3d 228 (2004) (consent to search; exceptions to warrant requirement)
• State v. Nedergard, 51 Wash. App. 304, 753 P.2d 526 (1988) (scope of consent and search considerations)
• State v. Eisfeldt, 163 Wash.2d 628, 185 P.3d 580 (2008) (state constitution protections; differences from Fourth Amendment)
• State v. Valdez, 167 Wash.2d 761, 224 P.3d 751 (2009) (two-step analysis under article I, section 7)
• State v. Stroud, 106 Wash.2d 144, 720 P.2d 436 (1986) (locked articles within a container; privacy expectations)
• State v. Vrieling, 144 Wash.2d 489, 28 P.3d 762 (2001) (locked containers require warrants; enhanced privacy)
• State v. Mueller, 63 Wash. App. 720, 821 P.2d 1267 (1992) (distinguishing Fourth Amendment analysis from state constitution)
• Bustamante-Davila, 138 Wash.2d 964, 983 P.2d 590 (1999) (implied consent considerations not supported here)