State v. Villela
Washington Supreme Court
450 P.3d 170 (2019)
- Written by Sean Carroll, JD
Facts
Washington passed a law requiring police officers to impound a car if they arrested a person for driving under the influence. The statute left no discretion to the arresting officer even if there was a reasonable alternative to impoundment. Joel Villela (defendant) was arrested on suspicion of driving under the influence. The arresting officer impounded Villela’s car, searched the car, and found drug paraphernalia. The officer also found cocaine on Villela’s person. Consistent with the statute, the officer did not consider whether the impoundment was reasonable or whether there were reasonable alternatives to impoundment. Villela was charged with driving under the influence and with possession with intent to sell drugs. Villela argued that the mandatory impoundment and search of his car violated his constitutional right to privacy under the Washington Constitution. As a result, he argued, the drug paraphernalia could not be used against him.
Rule of Law
Issue
Holding and Reasoning (Gonzalez, J.)
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