State v. Reichenbach

Summary

The Washington Supreme Court held that Steven Reichenbach received ineffective assistance of counsel because his attorney failed to move to suppress a baggie of methamphetamine that police seized in violation of article I, section 7 of the Washington State Constitution. Although the driver consented to a search of his car, that consent did not extend to seizing passenger Reichenbach, who was ordered at gunpoint to raise his hands during a staged traffic stop; Reichenbach involuntarily abandoned the baggie in response to that unlawful seizure, so its retrieval was unconstitutional. Because the conviction rested entirely on the baggie, counsel's deficient failure to seek suppression was clearly prejudicial. The court reversed the Court of Appeals and remanded.