Legal Question in Criminal Law in Washington

Search Incident to Arrest

Can a search incident to arrest be considered contemporneous where officer searches after suspect is handcuffed and placed in patrol car with the following scenerio: suspect arrested for DWL/3, 8 to 10 feet from vehicle, officer searches car and finds cloth bag with coutraband (pot). Officer exits vehicle leaving bag with coutraband inside vehicle. A drug dog is requested and arrives one hour and ten mins later. Dog is led to bag which now contains rx pills. officer searches glove box finding scales and baggies. Judge suppresses baggies and scale due to time factor. Is initial search valid since nothing was seized and are pills allowed as evidence. Officer requested dog prior to arrest with no probable cause. Dispatchers chronology/of events shows 2 seconds interval between traffic stop and vehicle seach completed. Six secs after stop officer claims (falsely) dog was reqested. This is one of many false statements made by officer in his report. He claimed dog arrived in 30mins, other officer wrote down times in his report stating it took one hour and 10 mins to arrive. What is the best defense in this scenario?


Asked on 4/09/09, 12:22 am

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: Search Incident to Arrest

The best defense in almost every possession case is unwitting possession. Make them prove you knew it was there. Lots of people have access to a car, maybe someone borrowed it, or you left it unlocked.

Terrible the things they found and you are glad they got rid of them.

And next time, have your license before transporting a bunch of contraband.

At your service,

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Answered on 4/09/09, 12:45 pm


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