The State of Washington v. Michael W. Hendrickson

Summary

The Washington Supreme Court held that the warrantless February 19, 1992 search of Hendrickson's impounded pickup — conducted four days after his arrest on an anonymous tip, after his work-release-based consent had lapsed, and with no exigency — violated art. I, § 7 of the Washington Constitution because none of the narrow exceptions to the per se unreasonable rule applied, requiring suppression of the cocaine found in the speaker vent and reversal of the Court of Appeals on the possession-with-intent-to-deliver count. The court affirmed the delivery conviction, holding that although trial counsel was deficient in failing to object to admission of judgment-and-sentence documents showing two prior drug convictions, the prejudice prong of Strickland failed given the powerful evidence of guilt. It also affirmed the RCW 9.94A.310(5) sentence enhancement, concluding that the courthouse-steps smoking area constituted real property of the county jail, the evidence was sufficient, and the statute was not void for vagueness as applied.