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STATE v. VALDEZ

No. 80091-0.

224 P.3d 751 (2009)

167 Wash.2d 761

STATE of Washington, Petitioner, v. Jesus David Buelna VALDEZ, Respondent. State of Washington, Petitioner, v. Reyes Rios Ruiz, Respondent.

Supreme Court of Washington, En Banc.

Decided December 24, 2009.

Attorney(s) appearing for the Case

Michael C. Kinnie, Attorney at Law, Vancouver, WA, for Petitioner.

Reed Manley Benjamin Speir, Attorney at Law, University Place, WA, Anne Mowry Cruser, Law Office of Anne Cruser, Vancouver, WA, for Respondent.

Douglas B. Klunder, Attorney at Law, Seattle, WA, for Amicus Curiae on behalf of Aclu.

Stephen Paul Hobbs, Office of the Prosecuting Attorney, Gregory Charles Link, Washington Appellate Project, Travis Stearns, Washington Defender Association, Seattle, WA, for Amicus Curiae on behalf of Washington Defender Association.

SANDERS, J.

¶ 1 We are asked to decide whether an automobile search incident to arrest, where the arrestee was handcuffed and secured prior to the search of the automobile, was constitutional under article I, section 7 of the Washington State Constitution and/or the Fourth Amendment to the United States Constitution.

¶ 2 An officer pulled over a vehicle because it had only one working headlight. The officer ran a records search on the driver and...

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