Case Citator › State v. Stroud

State v. Stroud

Is it still good law? What later courts have actually done to this case.

Overruled
Court
Supreme Court of Washington
Citation
720 P.2d 436
Decided
Confirmed treatments
2
Flagged citations read
67 of 67
Citing cases (total)
67
Treatment dates
1999–2009
Overruled
A reviewed court has overruled this case. State v. Stroud was overruled on vehicle searches after an arrestee was secured. State v. Valdez rejected that part of Stroud's rule, and the Washington Supreme Court later described the change as an overruling in State v. Snapp.
More on how this was screened

State v. Parker also declined to extend Stroud to belongings known to belong to passengers who were not arrested. Stroud's protection for locked containers continues to appear in later decisions. All 67 flagged citations have been read; the two confirmed changes are listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

67 later cases cite State v. Stroud; 67 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on State v. Stroud?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled

  • The Washington Supreme Court overruled Stroud's permission to search a car after the arrestee had been secured and removed from it.

    State v. Valdez · Supreme Court of Washington · filed

    However, after an arrestee is secured and removed from the automobile, he or she poses no risk of obtaining a weapon or concealing or destroying evidence of the crime of arrest located in the automobile, and thus the arrestee's presence does not justify a warrantless search under the search incident to arrest exception. Stroud's expansive interpretation to the contrary was influenced by an improperly broad interpretation of Belton (see Stroud, 106 Wash.2d at 147, 151, 720 P.2d 436; Gant, 129 S.Ct. at 1719), and that portion of Stroud's holding is overruled.
    Read the full opinion on CourtListener →

Limited

  • The Washington Supreme Court declined to extend Stroud's vehicle search rule to personal belongings known to belong to passengers who were not arrested.

    State v. Parker · Supreme Court of Washington · filed

    We hold the search incident to arrest exception articulated in Stroud does not automatically extend to the “private affairs” of persons who are not under arrest, including personal possessions police know or should know belong to such nonarrested individuals.
    Read the full opinion on CourtListener →

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