Supreme Court: Officer had no right to search container

SEATTLE — A Centralia police officer was justified when he frisked a cyclist during a traffic stop, but he didn’t have the right to open a small container found on the suspect without a warrant, the Washington state Supreme Court ruled Thursday.

The container search violated Tanner Russell’s “constitutional right to be free from police intrusion,” Justice Susan Owens wrote in the majority opinion.

The initial pat-down was allowed to protect officer safety, the ruling said, but the ensuing warrantless search of the container wasn’t justified because the officer didn’t have a reasonable belief that the box held a gun.

The officer found a syringe filled with methamphetamine in the container, and prosecutors charged Russell with a drug possession based on that evidence. Russell moved to suppress the evidence, arguing that the search was illegal.

A Lewis County Superior Court judge sided with Russell and dismissed the case. The state appeals court reversed the decision and sent the case back for trial. On Thursday, the Supreme Court reversed the appellate court decision.

The officer had stopped Russell, who was riding a bike, for minor traffic violations in September 2011. The officer said he feared for his safety because he had stopped Russell the week before and Russell had lied then about having a gun on him.

Russell’s lawyer had argued that if the officer used that prior encounter to justify the frisk, the state had to prove that the encounter was valid or the frisk would be unconstitutional. The justices disagreed.

During the pat-down, the officer found a small box in Russell’s pants pocket and opened it.

The majority of justices said no reasonable person could have concluded that the container held a gun since it weighed only a fraction of what the pistol weighed. Once the officer took control of the container, they also noted that the threat had ended.

“Any further intrusion must end as soon as an officer discovers that the suspect does not have a weapon,” Owens wrote. “An officer may not search through a detainee’s personal effects under the unreasonable belief that they may contain a weapon.”

The state argued on appeal that the search was justified because the trial court found that Russell consented to the search in its findings of fact. The high court said there’s no evidence that Russell’s supposed consent was voluntary.

Talk to us

> Give us your news tips.

> Send us a letter to the editor.

> More Herald contact information.

More in Local News

A firefighter stands in silence before a panel bearing the names of L. John Regelbrugge and Kris Regelbrugge during the ten-year remembrance of the Oso landslide on Friday, March 22, 2024, at the Oso Landslide Memorial in Oso, Washington. (Ryan Berry / The Herald)
‘Flood of emotions’ as Oso Landslide Memorial opens on 10th anniversary

Friends, family and first responders held a moment of silence at 10:37 a.m. at the new 2-acre memorial off Highway 530.

Julie Petersen poses for a photo with images of her sister Christina Jefferds and Jefferds’ grand daughter Sanoah Violet Huestis next to a memorial for Sanoah at her home on March 20, 2024 in Arlington, Washington. Peterson wears her sister’s favorite color and one of her bangles. (Annie Barker / The Herald)
‘It just all came down’: An oral history of the Oso mudslide

Ten years later, The Daily Herald spoke with dozens of people — first responders, family, survivors — touched by the deadliest slide in U.S. history.

Victims of the Oso mudslide on March 22, 2014. (Courtesy photos)
Remembering the 43 lives lost in the Oso mudslide

The slide wiped out a neighborhood along Highway 530 in 2014. “Even though you feel like you’re alone in your grief, you’re really not.”

Director Lucia Schmit, right, and Deputy Director Dara Salmon inside the Snohomish County Department of Emergency Management on Friday, March 8, 2024, in Everett, Washington. (Ryan Berry / The Herald)
How Oso slide changed local emergency response ‘on virtually every level’

“In a decade, we have just really, really advanced,” through hard-earned lessons applied to the pandemic, floods and opioids.

Ron and Gail Thompson at their home on Monday, March 4, 2024 in Oso, Washington. (Olivia Vanni / The Herald)
In shadow of scarred Oso hillside, mudslide’s wounds still feel fresh

Locals reflected on living with grief and finding meaning in the wake of a catastrophe “nothing like you can ever imagine” in 2014.

Rep. Suzan DelBene, left, introduces Xichitl Torres Small, center, Undersecretary for Rural Development with the U.S. Department of Agriculture during a talk at Thomas Family Farms on Monday, April 3, 2023, in Snohomish, Washington. (Olivia Vanni / The Herald)
Under new federal program, Washingtonians can file taxes for free

At a press conference Wednesday, U.S. Rep. Suzan DelBene called the Direct File program safe, easy and secure.

Former Snohomish County sheriff’s deputy Jeremie Zeller appears in court for sentencing on multiple counts of misdemeanor theft Wednesday, March 27, 2024, at Snohomish County Superior Court in Everett, Washington. (Ryan Berry / The Herald)
Ex-sheriff’s deputy sentenced to 1 week of jail time for hardware theft

Jeremie Zeller, 47, stole merchandise from Home Depot in south Everett, where he worked overtime as a security guard.

Everett
11 months later, Lake Stevens man charged in fatal Casino Road shooting

Malik Fulson is accused of shooting Joseph Haderlie to death in the parking lot at the Crystal Springs Apartments last April.

T.J. Peters testifies during the murder trial of Alan Dean at the Snohomish County Courthouse on Tuesday, March 26, 2024 in Everett, Washington. (Olivia Vanni / The Herald)
Bothell cold case trial now in jury’s hands

In court this week, the ex-boyfriend of Melissa Lee denied any role in her death. The defendant, Alan Dean, didn’t testify.

A speed camera facing west along 220th Street Southwest on Tuesday, Nov. 21, 2023 in Edmonds, Washington. (Olivia Vanni / The Herald)
New Washington law will allow traffic cams on more city, county roads

The move, led by a Snohomish County Democrat, comes as roadway deaths in the state have hit historic highs.

Mrs. Hildenbrand runs through a spelling exercise with her first grade class on the classroom’s Boxlight interactive display board funded by a pervious tech levy on Tuesday, March 19, 2024 in Marysville, Washington. (Olivia Vanni / The Herald)
Lakewood School District’s new levy pitch: This time, it won’t raise taxes

After two levies failed, the district went back to the drawing board, with one levy that would increase taxes and another that would not.

Alex Hanson looks over sections of the Herald and sets the ink on Wednesday, March 30, 2022 in Everett, Washington. (Olivia Vanni / The Herald)
Black Press, publisher of Everett’s Daily Herald, is sold

The new owners include two Canadian private investment firms and a media company based in the southern United States.

Support local journalism

If you value local news, make a gift now to support the trusted journalism you get in The Daily Herald. Donations processed in this system are not tax deductible.