State v. Ladson
| Citation | 133 Wn.2d 1028,950 P.2d 476 |
| Parties | State v. Thomas L. Ladson NO. 65801-3 |
| Decision Date | 07 January 1998 |
| Court | United States State Supreme Court of Washington |
To continue reading
Request your trial
4 cases
-
State v. Ladson
...article I, section 7, renders pretextual traffic stops unconstitutional. We granted review of that discrete issue. State v. Ladson, 133 Wash.2d 1028, 950 P.2d 476 (1998). Analysis Absent controlling precedent, a party asserting a provision of the state constitution offers more protection th......
-
State v. Franks, No. 31881-4-II (WA 11/1/2005)
......State v. Davis, 86 Wn. App. 414, 420, 937 P.2d 1110, review denied, 133 Wn.2d 1028 (1997). Warrantless searches of constitutionally protected areas are per se unreasonable, with only a few jealousy guarded exceptions, including emergency circumstances and plain view. State v. Ladson, 138 Wn.2d 343, 349, 979 P.2d 833 (1999). The State bears the burden of establishing the exception. Ladson, 138 Wn.2d at 350. The trial court concluded that the officers had a right to enter the impliedly open curtilage to engage in the legitimate police business of investigating a ......
-
State v. Chelly
......Prouse, 440 U.S. 648, 653, 99 S.Ct. 1391, 59 L.Ed.2d 660 (1979)). 7 State v. Henry, 80 Wash.App. 544, 549-50, 910 P.2d 1290 (1995). 8 Whren v. United States, 517 U.S. 806, 810, 116 S.Ct. 1769, 135 L.Ed.2d 89 (1996). 9 Whren, 517 U.S. at 813, 116 S.Ct. 1769; State v. Ladson, 86 Wash.App. 822, 825-26, 939 P.2d 223 (1997), review granted, 133 Wash.2d 1028, 950 P.2d 476 (1998). Oral argument in Ladson was heard on May 20, 1998 on the issue of whether evidence must be suppressed under the Washington constitution if it is obtained in a pretextual traffic stop. 10 RCW ......
-
State v. Pierce, No. 31780-0-II (WA 9/7/2005), 31780-0-II
......State v. McAlpin, 36 Wn. App. 707, 716, 677 P.2d 185, review denied, 102 Wn.2d 1011 (1984). Only a few jealousy guarded exceptions to the warrant exception exist. State v. Ladson, 138 Wn.2d 343, 349, 979 P.2d 833 (1999). Under one exception, the police may make a warrantless search of a person and his or her belongings after a valid, custodial arrest. State v. Stroud, 106 Wn.2d 144, 147, 720 P.2d 436 (1986). Under this exception, an officer may conduct a warrantless search ......