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Dormitory Drug Dens and Due Process - The Law of Search in the Federal System

NCJ Number
103119
Author(s)
W H Peterson
Date Published
1986
Length
100 pages
Annotation
This book reviews issues in the court decisions of Washington v. Chrisman, which involved charges of marijuana and LSD possession based on a campus police officer's warrantless search of the defendant's college dormitory room.
Abstract
In 1978, the county court convicted on the charges after after a suppression hearing; the State Court of Appeals upheld the conviction, but the State Supreme Court reversed, holding that the search was unconstitutional under the U.S. fourth amendment; when the prosecution appealed this ruling to the U.S. Supreme Court, the Court remanded the case to the State Supreme Court for final action. The State Supreme Court again ruled the search unconstitutional but this time under the State constitution, which has a stricter standard for warrantless searches than the U.S. Constitution. A background discussion of case issues considers the prosecutor's role, grounds for defense, the nationalization of the Bill of Rights, and the judicial process and politics. The review of case issues under Federal law addresses the arrest, the Miranda warning, entry, and a 'plain view' warrantless search. Case issues under Washington State law pertain to the State's Declaration of Rights, the 'plain view' issue, and the quality of State court opinions in the case. The impact of communications technological change on search warrant requirements in Washington State is examined. The meanings of the court decisions are examined for the defendants, the criminal justice system, American law, rights in a Federal system, and State politics. The five court opinions are appended. Chapter notes.