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(Download) "Washington v. Davis" by Division One Court of Appeals of Washington * eBook PDF Kindle ePub Free

Washington v. Davis

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eBook details

  • Title: Washington v. Davis
  • Author : Division One Court of Appeals of Washington
  • Release Date : January 18, 1995
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

ELLINGTON, J. -- The State of Washington appeals an order granting Todd Daviss motion to suppress evidence, arguing that (1) the police had probable cause to arrest Davis, and, hence, the cocaine and marijuana found by the police were discovered during a valid search incident to arrest; (2) if the search was a valid search incident to arrest, whether or not Davis consented to the search is irrelevant; and (3) even if the search was not a valid search incident to arrest, Davis voluntarily consented to a limited search. Davis now concedes that the police had probable cause to arrest him for possession of marijuana prior to the search. In response to Daviss concession, the State argues that (1) because Davis did not cross-appeal, he may not argue that an alternative basis supports the trial courts suppression of the evidence; and (2) the search of the cooler in the cargo area of the vehicle was a valid search incident to arrest. We reverse the trial courts suppression order and remand the case for trial.


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