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STATE v. PECK

No. 96069-1 (consolidated with No. 96073-9).

449 P.3d 235 (2019)

STATE of Washington, Petitioner, v. Michael Nelson PECK, Respondent. State of Washington, Petitioner, v. Clark Allen Tellvik, Respondent.

Supreme Court of Washington.

Filed September 26, 2019.

Attorney(s) appearing for the Case

Gregory Lee Zempel , Carole Louise Highland , Kittitas County Prosecuting Attorney, 205 W. 5th Avenue, Suite 213, Ellensburg, WA 98926-2887, for Petitioner.

Candy K. Powers , Attorney at Law, 707 N. Pearl Street, Suite A, Ellensburg, WA 98926-2938, Tanesha La Trelle Canzater , Attorney at Law, P.O. Box 29737, Bellingham, WA 98228-1737, Christopher Taylor , C.R. Taylor Law PS, 203 4th Avenue E, Suite 407, Olympia, WA 98501-1148, for Respondents.

Antoinette M. Davis , American Civil Liberties Union of Washington, 901 5th Avenue, Suite 630, Seattle, WA 98164-2086, Douglas B. Klunder , Attorney at Law, 102 Viewcrest Road, Bellingham, WA 98229-8967, for Amicus Curiae (American Civil Liberties Union of Washington).

Rita Joan Griffith , Attorney at Law, 4616 25th Avenue NE, PMB 453, Seattle, WA 98105-4523, Teymur Gasanovich Askerov , Black Law PLLC, 705 2nd Avenue, Suite 1111, Seattle, WA 98104-1720, for Amicus Curiae (Washington Association of Criminal Defense Lawyers).

¶1 We are asked to answer two questions under article I, section 7 of our state constitution: first, whether defendants have standing to challenge the scope of a warrantless inventory search of a vehicle when that vehicle is stolen and, second, whether a proper inventory search extends to opening an innocuous, unlocked container...

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