Washington v. Bowman
Washington Supreme Court
198 Wash. 2D 609 (2021)
- Written by Jamie Milne, JD
Facts
The United States Department of Homeland Security suspected Reece Bowman (defendant) was a drug dealer. When agents arrested Bowman’s associate, Mike Schabell, Schabell consented to a search of his cell phone. Agent Marco Dkane discovered text messages between Schabell and Bowman suggesting that Bowman sold Schabell methamphetamine earlier that day. Dkane took Bowman’s number from Schabell’s phone and used it on his own phone to text Bowman. He pretended to be Schabell and arranged a meet to purchase drugs. At the meet, Bowman, who had methamphetamine on his person and in his vehicle, was arrested by state police. Bowman was charged with possession with intent to deliver. He moved to suppress the evidence against him, arguing that it was obtained in violation of his privacy rights under the Washington Constitution. Specifically, he argued that he had a privacy interest in the texts on Schabell’s phone and that the agents needed a warrant to access the texts and use their information to impersonate Schabell. The trial court denied Bowman’s motion, and he was convicted. The appellate court reversed the conviction, and the state appealed.
Rule of Law
Issue
Holding and Reasoning (Stephens, J.)
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