Washington v. McKee (Majority)Annotate this Case
Marc McKee was convicted by jury on four counts of possessing depictions of minors engaged in sexually explicit conduct. The Court of Appeals reversed those convictions on the ground that the warrant police used was overbroad in order to obtain the underlying cell phone photos and videos. Instead of remanding for suppression of that evidence, the appellate court ordered all counts dismissed, meaning retrial was barred. Though the appellate court provided no reason to justify that remed, the Washington Supreme Court determined the lower court thought dismissal was warranted because once the cell phone evidence was suppressed, there would be insufficient evidence to sustain the convictions in a second trial. The State appealed, and the Supreme Court reversed: the proper remedy following suppression of the cell phone evidence was to vacate McKee's convictions and remand for further proceedings.