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State v. Payne

The Court of Appeals of Washington, Division One
Oct 1, 2007
140 Wn. App. 1041 (Wash. Ct. App. 2007)

Opinion

No. 59246-7-I.

October 1, 2007.

Appeal from a judgment of the Superior Court for King County, No. 06-1-06024-1, Joan B. Allison, J., entered November 20, 2006.


Reversed and remanded by unpublished per curiam opinion.


Nathan Payne appeals his conviction for possession of cocaine, arguing that because the trial court concluded his arrest was unlawful, the court erred in refusing to suppress cocaine found on the ground after Payne's arrest. The State concedes error, noting that the cocaine was necessarily recovered incident to or as a result of Payne's unlawful arrest and accordingly should have been suppressed. The State further concedes that because the cocaine found on the ground was the basis for the conviction, the error is not harmless and the conviction must be reversed. The concession is well taken. Evidence obtained as a result of an unreasonable search or seizure must be suppressed. See e.g. State v. Boland, 115 Wn.2d 571, 582, 800 P.2d 1112 (1990); State v. White, 97 Wn.2d 92, 110-12, 640 P.2d 1061 (1982); State v. Melrose, 2 Wn. App. 824, 828, 470 P.2d 552 (1970).

Reversed and remanded.


Summaries of

State v. Payne

The Court of Appeals of Washington, Division One
Oct 1, 2007
140 Wn. App. 1041 (Wash. Ct. App. 2007)
Case details for

State v. Payne

Case Details

Full title:THE STATE OF WASHINGTON, Respondent, v. NATHAN VERNEL PAYNE, Appellant

Court:The Court of Appeals of Washington, Division One

Date published: Oct 1, 2007

Citations

140 Wn. App. 1041 (Wash. Ct. App. 2007)
140 Wash. App. 1041