WA Court of Appeals at Div. II: Need to do a Motion to Suppress to Preserve Vehicle Search Issue
As you recall, earlier we had a vehicle search issue come up. Here, there was no motion to suppress the gun. I'm still unclear on the timing here, but it sounds like this is the opposite of the previous, in that the area searched was exactly within the control. Center console which the driver dove for and a glove box in the control of the passenger that was heard shutting while the officer had the driver out of the car. So regardless of the fact that they didn't preserve the issue, it likely would have been the same result. We, of course, have virtually the same dissent as the last on the issue of waiver.
Conviction stands as do the enhancements (firearm of course).
For those of you wondering...I'm not going for the low-hanging fruit. That's why there's no David Cross picture up there. No, we here at The Amateur Law Professor keep things classy. That's why I now give you The Cross Gun!