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In most cases I’ve seen. Once an individual has been charged and arrested. LEO have the right to sea...
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In his example, driver arrested for DUI, I would argue you have the vehicle to search incident to arrest, whether you tow it or not. Driver was in immediate control of the vehicle, and it would be easy to articulate that additional evidence or instrumentalities of the crime exist in the vehicle mentioned.
It’s Washington though, no search of a vehicle incident to arrest.
Is that a state thing where they just ignore Supreme Court decisions?
States can make things tighter not looser. Like Indiana with Pirtle
Yeah I know I just think it’s weird. Law enforcement wise California is a lot friendlier than other states which is really weird. The court system after arrest not so much, but we get searchable probation/PRCS/parole and don’t have a lot of weird bills that contradict Supreme Court decisions. In fact with the passing of prop 36 it reversed a lot of prop 47 soft on crime initiatives.
We just have the one. Everything else is pretty great.
I just read pirtle it’s the dumbest thing I’ve ever read 😂
Pretty stupid right? People don't know their rights you have to tell them all of their rights. Roadside and make sure they understand them.
Wait what? Washington doesn’t do SICA?
So in Washington we have article 1 section 7 of the state constitution that further protects 4th amendment rights and expectation of privacy. Also in our RCW a vehicle can be considered a building in terms of residence or constitutional search protection. We do inventory incident to impound but no search incident to arrest on a home or vehicle without a warrant. Plain vs open view doctrine is department policy dependent. If I see or suspect something I’ll just write a warrant. There’s not any cons besides the extra paper, but I think being proficient in writing all kinds of warrants at the basic patrol officer level is a valuable skill and I find them enjoyable so I don’t mind it. It just extends the timeframe of a call but no big deal
That’s very interesting. Search warrants for us take at least 3 hours (have to get our warrants signed off by the Chiefs office) so having to do a SW for stuff like that would make me go crazy.
For us it can take that long if it’s someone that doesn’t do them often but if one is proficient it can be done within an hour. No chain of command approval for a warrant we just do it and send it to the regular hours or after hours judge and give em a phone call
For anything other than blood warrants we gotta get the DA to sign off first.
Yeah. Days to weeks of waiting around for a prosecutor and getting a judge for anything but a blood warrant, unless you’ve got a cool case and a prosecutor you’re already working with.
Some states search for intoxications
Just an addition. The “community care taking” case law also applies prior to conducting an inventory pursuant to towing.
Does this inventory count toward the charges? Like if contraband was found? Or is it strictly inventory?
You would have to then stop inventorying and write a search warrant to seize the contraband.