Washington State Courts

Johnson knew that without probable cause to arrest, he could go no further
than a protective frisk. He testified, "I wanted to go past just a simple
patdown. I actually wanted to be able to go into his pockets with a consent
search and actually put my hands into his pockets." RP 86.
These circumstances indicate Johnson's unlawful arrest invalidated
B.-H.'s consent. See Armenta, 134 Wn.2d 17 (defendant's voluntary
consent tainted by illegal detention because consent followed immediately
after illegality, there were no intervening circumstances, Miranda rights
had not been given, and officer was "'fishing'" for evidence). B.-H.'s
consent was not sufficiently attenuated from the illegal seizure. The
illegality therefore vitiated the consent.
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