WA Court of Appeals at Div. II: You must challenge a search to win on appeal
Pearsall was pulled over for driving with a suspended license. She gave the ID of another, lied about her identity (of one who she bore no physical resemblance towards), and fessed up, ending up in cuffs. The cop then searched her vehicle incident to arrest and found some vicodin. Well, under recent WA law, you can only search within the physical proximity of the Defendant. This would have been a great issue to bring up, only it came down between trial and the appeal. The argument was not preserved.
Here's my argument to the supremes, assuming such a petition was made: I am not fully aware of the timing. I am issuing that as a caveat in case I am entirely wrong. I do only skim these after all. But, wouldn't it have been a CR 11 sanction for Pearsnall to attempt to argue at the time that the search of the vehicle incident to arrest violated her rights. I mean, it was a shocker when the opinion came out that such searches were improper. To ding her because she didn't raise those arguments below is a bit of a problem in my book. It will be interesting to see if a challenge on this gets up.
Nevermind. The dissent argues just that.