Defendant was riding as a guest in a car when Seattle police stopped the car and arrested the driver for twice turning without signaling and for failure to produce a valid driver's license. Defendant and the other passengers in the automobile were also arrested and taken to jail. The car was impounded. A search of the car the next day, accomplished without a search warrant, disclosed two revolvers hidden under the dash. At defendant's subsequent trial on robbery charges, the revolvers were admitted in evidence despite defendant's motion to suppress and objection. The trial court ruled that, although defendant's arrest was unlawful, he had no standing to claim the privilege against unreasonable searches and seizures. On appeal from defendant's conviction, held: A search of an impounded car without a warrant, conducted one day after an arrest, is not incident to the arrest, and evidence so obtained is inadmissible in a criminal prosecution of a passenger in the car. State v. Riggins, 64 Wn.2d 897, 395 P.2d 85 (1964).
Washington Case Law,
Criminal Law—Constitutional Law—Search and Seizure—Admissibility of Evidence Incident to Arrest,
Wash. L. & Rev.
Available at: https://digitalcommons.law.uw.edu/wlr/vol40/iss2/14