Summary
The Washington Supreme Court considers whether Glenn Nichols could raise a state constitutional challenge to a warrantless examination of a motel registry for the first time in a personal restraint petition. The court holds that the claim could be raised in the petition and that the relevant constitutional rule applied retroactively, but concludes that the registry examination did not violate article I, section 7 because police had individualized suspicion of drug activity. The court affirms the denial of Nichols’s personal restraint petition and rejects his ineffective assistance claims.
Holdings
- A petitioner may raise an article I, section 7 claim for the first time in a personal restraint petition, provided the petitioner satisfies the established requirements for a timely petition, including actual prejudice from a constitutional violation.
- Jorden applies retroactively to cases that were not final when Jorden was decided.
- The officers' examination of the Travelodge motel registry did not violate article I, section 7 because it was prompted by individualized and particularized suspicion that drug-selling activity had occurred in room 56, rather than being random or suspicionless.
- Nichols failed to establish ineffective assistance of counsel because the motel-registry examination was lawful under article I, section 7, and therefore he could not show deficient performance or prejudice under Strickland.
Questions Presented
- Whether Nichols could raise an article I, section 7 search-and-seizure claim for the first time in a personal restraint petition.
- Whether the Washington Supreme Court's decision in State v. Jorden applied retroactively to Nichols's collateral attack.
- Whether the officers' warrantless examination of the motel registry violated article I, section 7 of the Washington Constitution.
- Whether trial and appellate counsel were ineffective for failing to challenge the motel-registry examination.
Disposition
affirmed
Cases Cited (17)
- In re Pers. Restraint of Lord, 152 Wn.2d 182, 188, 94 P.3d 952 (2004)(followed)
- In re Pers. Restraint of Cook, 114 Wn.2d 802, 812, 792 P.2d 506 (1990)(followed)
- In re Personal Restraint of Hews, 99 Wn.2d 80, 660 P.2d 263 (1983)(followed)
- In re Pers. Restraint of Market, 154 Wn.2d 262, 111 P.3d 249 (2005)(followed)
- In re Pers. Restraint of Davis, 152 Wn.2d 647, 101 P.3d 1 (2004)(followed)
- State v. Robinson, 171 Wn.2d 292, 253 P.3d 84 (2011)(followed)
- State v. Millan, No. 83613-2(not independently analyzed)
- In re Pers. Restraint of Rice, 118 Wn.2d 876, 885, 828 P.2d 1086 (1992)(followed)
- State v. Chenoweth, 160 Wn.2d 454, 472 n.14, 158 P.3d 595 (2007)(followed)
- In re Pers. Restraint of St. Pierre, 118 Wn.2d 321, 823 P.2d 492 (1992)(followed)
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