Opinion
No. 58626-2-I.
November 19, 2007.
Appeal from a judgment of the Superior Court for King County, No. 05-1-01396-2, James D. Cayce, J., entered July 24, 2006.
Reversed by unpublished per curiam opinion.
Lenard Lindsey appeals his convictions for unlawful possession of a firearm and possession of cocaine. He contends the court erred in denying his motion to suppress evidence seized from his motel room and his person immediately following a search of the motel guest register. We agree.
While this appeal was pending, the Washington State Supreme Court held in State v. Jorden, 160 Wn.2d 121, 131, 156 P.3d 893 (2007) that "[i]nformation contained in a motel registry constitutes a private affair under article I, section 7 of the Washington State Constitution" and "[a]bsent a valid exception to the prohibition against warrantless searches, random viewing of a motel registry violates article I, section 7. . . ." The State contends Jorden is distinguishable because evidence in the present case relating to the historical treatment of motel registries in Washington was not considered by the Jorden court. The State asks us to revisit the constitutional question answered by Jorden with this new evidence in mind. We decline to do so. As the State appears to recognize, we are bound by the broad holding in Jorden. Under Jorden, the searches of Lindsey's motel room and person were unlawful, and the evidence obtained during them must be suppressed.
The State notes in its supplemental brief that this court "may also wish to consider whether transfer to the Supreme Court might be appropriate in this case."
Given this disposition, it is unnecessary to address Lindsey's other arguments on appeal.
The convictions are reversed.