Opinion
40303-0-II
01-08-2013
STATE OF WASHINGTON, Respondent, v. DANIEL JOHN KEMP, Appellant.
UNPUBLISHED OPINION
Penoyar, J.
The trial court found Daniel John Kemp guilty of unlawful possession of a controlled substance and unlawful use of drug paraphernalia. He appeals, arguing that the trial court erred by denying his motion to suppress because police violated article I, section 7 of the state constitution when they performed a warrantless search of his vehicle after they had arrested, handcuffed, and placed him in the back of a patrol vehicle. This case was stayed pending the Supreme Court's ruling in State v. Snapp, 174 Wn.2d 177, 275 P.3d 289 (2012). The Supreme Court held in Snapp that the Thornton exception—which allows officers to conduct a warrantless search of a vehicle incident to arrest if they reasonably believe the vehicle contains evidence of the crime of arrest—does not apply under article 1, section 7. 174 Wn.2d at 197. Following this decision, the State conceded in its supplemental brief that the search of Kemp's vehicle was unlawful and that his convictions must be dismissed. Because no other exception to the warrant requirement applies and there was no reasonable basis for the officers to believe that Kemp posed a safety risk or that evidence would be destroyed, the State's concession is well taken. Accordingly, we reverse and remand for dismissal.
Thornton v. United States, 541 U.S. 615, 124 S.Ct. 2127, 158 L.Ed.2d 905 (2004).
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record in accordance with RCW 2.06.040, it is so ordered.
We concur: Hunt, J. Worswick, C.J.