United States v. Leodis Roach

MEMORANDUM

Appellant United States challenges the suppression of evidence discovered by Washington State troopers during the search of a vehicle stopped for driving in the left-hand lane of Interstate 90 in the absence of traffic.

Section 46.61.100(2) of the Washington Revised Code provides:

Wash. Rev.Code. § 46.61.100(2); see also id. § 46.63.020 (providing that any violation of a section in Title 46 of the Wash. Rev.Code is a traffic infraction).

Because there is no state court decision interpreting this statutory provision, we must “predict how the highest state court would decide the issue.” KekauohaAlisa v. Ameriquest Mortgage Co. (In re Kekau oha-Alisa), 674 F.3d 1083, 1088 (9th Cir.2012) (citation omitted). Washington state courts begin statutory interpretation with the plain meaning of the statute, as “discerned from the ordinary meaning of the language at issue ...” Lake v. Woodcreek Homeowners Ass’n, 169 Wash.2d 516 , 243 P.3d 1283 , 1288 (2010) (en banc), as amended. Washington courts also give effect to all the language of the statute. See id.

Section 46.61.100(2) provides that a vehicle shall remain in the right-hand lane then available for traffic unless the…