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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON STATE OF WASHINGTON, Respondent, v. JORGE FRANCISCO SANTANA, Appellant. ) ) ) ) ) ) ) ) ) No. 28168-0-III

Division Three

UNPUBLISHED OPINION

Korsmo, J. -- While arresting Jorge Santana for robbery, an officer looked through a digital camera Mr. Santana was carrying and saw a photograph of evidentiary value. A detective obtained a search warrant and retrieved the photo. We conclude that it was an unlawful search to look through the camera, but the error was harmless under the facts of this case. The conviction for robbery is affirmed. FACTS Tasha Fauver approached the victim, Zenon Lugo, while he was at a gas station filling his car. She asked for a ride to the Red Carpet Motor Inn; Lugo agreed. When

No. 28168-0-III State v. Santana they arrived at the Inn, she asked him to accompany her to her room; Lugo again agreed. A man with a red bandana covering his face confronted them when they entered the room. Mr. Lugo identified Mr. Santana in court as the man who confronted him. Mr. Santana demanded money and opened his coat to display what Mr. Lugo believed to be a gun in response to Lugo's statement that he had no money. Santana demanded that Lugo "give me everything, otherwise I'm going to kill you." Lugo turned over his wallet and Santana took out all of the money before giving the wallet back. Mr. Santana estimated that $180 to $190 was taken. Mr. Lugo returned to his car and called 911. While on the telephone with the operator, he saw Fauver and Santana drive away from the hotel. Lugo followed them. Officer Elaine Gonzalez was driving toward the two cars when Lugo flashed his lights at her. She turned around and activated her emergency lights. Both cars stopped. After receiving the robbery report from the radio, the officer arrested Mr. Santana. She searched him incident to the arrest and discovered a camera and a red bandana. There was $138 on the floorboard of Mr. Santana's car. Officer Gonzalez turned the camera on after she returned to the station. A picture of a man wearing a bandana and holding a black gun was displayed. The officer believed the man was Mr. Santana. During the arrest, Mr. Santana advised the officer that he was a Norte

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