Justice David Prosser wrote a separate dissent, joined by Abrahamson and Walsh.
“The defendant’s question may not have been perfect but it should have alerted the officer that the defendant was challenging a “consent” search of his briefcase,” Prosser wrote.
” It would be difficult to articulate what other objective the defendant might have had when he asked about a warrant. The defendant had just witnessed the officer dig through the car like a police dog on assignment. He knew that his briefcase was the next target.”