Opinion
No. 55795-5-I
Filed: May 23, 2005 UNPUBLISHED OPINION
Appeal from Superior Court of Snohomish County. Docket No: 03-1-00764-6. Judgment or order under review. Date filed: 06/13/2003. Judge signing: Hon. Ronald X Castleberry.
Counsel for Appellant(s), Seth Aaron Fine, Attorney at Law, Snohomish Co Pros Ofc, 3000 Rockefeller Ave, Everett, WA 98201-4060.
Counsel for Respondent(s), Thomas Michael Kummerow, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
Gregory Charles Link, Washington Appellate Project, 1511 3rd Ave Ste 701, Seattle, WA 98101-3635.
A State trooper stopped a vehicle because it appeared that the two occupants were not wearing seat belts. In the ensuing encounter, the trooper discovered that the driver, Earl Howe, possessed what appeared to be methamphetamine. The State charged Howe with possession of a controlled substance. Prior to trial, he moved to suppress the evidence, arguing that the search was illegal because the State's seat belt law, RCW 46.61.688, was unconstitutional. The trial court agreed and suppressed the evidence, finding that the practical effect of its ruling was to terminate the case. We reverse.
As the parties recognize, the issue presented was recently resolved in State v. Eckblad, 152 Wn.2d 515, 98 P.3d 1184 (2004). Howe argues alternatively that we should uphold the suppression order because the trooper lacked probable cause to stop. The State contends that a traffic stop is an investigatory detention that was warranted in this case based on an articulable suspicion of criminal activity. But the only ground the trial court relied on was its conclusion that the seat belt law is unconstitutional and that is the only issue we address on appeal.
This case was filed in the Supreme Court but transferred to Division I after Eckblad was filed.
The suppression order is reversed and the matter is remanded for further proceedings.
BECKER, ELLINGTON and KEY BECKER, JJ.