Washington State Courts

company of Johnson as well as another police officer. RP 84-85. This
was after four officers stormed the bus, Johnson pointed a gun at him, and
escorted him off the bus. B.-H. was therefore under significant restraint.
was voluntary.
For these reasons, the trial court erred by concluding the consent
4. If the consent was voluntary, it was vitiated by the
illegal seizure.
"An illegal seizure may invalidate voluntary consent." State v.
Smith, 154 Wn. App. 695, 699,226 P.3d 195, review denied, 169 Wn.2d
1013 (2010). In determining whether an illegal seizure vitiates a later
consent to search, this Court considers four factors: "'(1) temporal
proximity of the illegality and the subsequent consent, (2) the presence of
significant intervening circumstances, (3) the purpose and flagrancy of the
official misconduct, and (4) the giving of Miranda warnings.'" State v.
Armenta, 134 Wn.2d 1,17,948 P.2d 1280 (1997) (quoting State v. Soto-
Garcia, 68 Wn. App. 20, 27, 841 P.2d 1271 (1992), abrogated on other
grounds by State v. Thorn, 129 Wn.2d 347, 350, 917 P.2d 108 (1996)).
Johnson's illegal arrest was followed immediately by B.-H.'s
consent to the search of his pockets. There were no intervening
circumstances. Nor were Miranda rights given. Finally, both Walker and
Johnson admitted they did not have probable cause to arrest B.-H.
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