Twice recently, while reviewing body-worn camera footage, I noticed something off. In both cases, police searched my clients without a warrant, without consent, and without any emergency that would justify an immediate search. Both cases were dismissed.
Case 1: The motorcycle stop
Officers pulled over my client for not having a headlight on his motorcycle. They discovered he had an outstanding warrant on an unrelated matter, so he was handcuffed and placed in the back of the police cruiser. A family member was called to pick up his motorcycle and backpack.
Then an officer unzipped the backpack — allegedly to put the contents of the client's pockets inside. While doing so, officers spotted what they believed to be a controlled substance and charged my client with Possession of a Controlled Substance.
No warrant. No consent. No inventory-search protocol followed. Just an officer deciding to open a closed bag.
Case 2: The expired tags stop
In another case, my client was pulled over for expired tags. Officers spotted a pipe in plain view inside the car and asked for consent to search for drugs. My client never verbally consented, but officers eventually ordered her out of the car. They searched it anyway, claiming she had consented, and found what they believed was a controlled substance.
Again: no warrant, no valid consent, no emergency.
The common thread
What do these two cases have in common? No warrant, no consent to search, no emergency necessitating an immediate search — and therefore no valid search.
Under the Fourth Amendment and Washington State Constitution, warrantless searches are presumptively unreasonable. When police conduct an illegal search, a skilled attorney can argue to suppress any evidence found as "fruit of the poisonous tree" — meaning the evidence cannot be used against you.
In these cases, the violations were so clear that I got them dismissed after one email to the prosecutor's office.
Every search is different
The law around what police are allowed to do during a search is complicated. That is exactly why you need a skilled and knowledgeable attorney on your side — making sure your rights are vindicated and every avenue is explored in your case.
If you have been charged after a search you believe was illegal, contact me for a free consultation. I will review the police reports and body camera footage to determine whether your constitutional rights were violated.