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State v. O'Neill

Citations

  • 148 Wash. 2d 564
  • 62 P.3d 489
  • 2003 Wash. LEXIS 71

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where a trial court’s “findings are unchallenged, they are verities on appeal”
  • “There must be an actual custodial arrest to provide the ‘authority’ of law justifying a warrantless search incident to arrest under article I, section 7.”
  • no valid arrest had occurred, despite probable cause to justify one, to support search incident to arrest
  • knowledge of the right to refuse consent is not a prerequisite of voluntary consent when the subject is not in police custody
  • no seizure when police officer asked the driver of a parked car,\ 'Where is the pipe?'\ after seeing a flicker of light
  • occupant not seized when officer asked him to roll down the window, asked him to try to start his vehicle, then asked for identification

Source: CourtListener parenthetical corpus (CC0).

Judges: Chambers, Madsen

Read full opinion on CourtListener

Cited by

152 cases in this archive cite this case; the 20 most cited are listed.

Cites

93 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named State v. O'Neill

52 other CourtListener records share this case name; the 50 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.