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STATE v. HEHMAN

No. 1361-3.

14 Wn. App. 770 (1976)

544 P.2d 1257

THE STATE OF WASHINGTON, Appellant, v. DANIEL LEE HEHMAN, Respondent.

The Court of Appeals of Washington, Division Three.

January 19, 1976.

Attorney(s) appearing for the Case

Donald C. Brockett, Prosecuting Attorney, and Gregory Staeheli, Deputy, for appellant.

Erickson & Worthington and Ross Worthington, for respondent (appointed counsel for appeal).

McINTURFF, C.J.

The State of Washington appeals from an order suppressing evidence and dismissal of a charge against the defendant, Mr. Hehman, for possession of amphetamines. We are asked to decide whether a full search of the person is permissible incident to a custodial arrest for a minor nonmoving traffic violation.

Spokane County Sheriff's Deputy Michael McClanahan stopped Mr. Hehman's car after observing a defective tail-light. Upon request, Mr. Hehman...

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