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STATE v. CLAUSEN

No. 28032-9-II.

56 P.3d 587 (2002)

113 Wash.App. 657

STATE of Washington, Respondent, v. Brian Clay CLAUSEN, Appellant.

Court of Appeals of Washington, Division 2.

Publication Ordered October 10, 2002.

Attorney(s) appearing for the Case

Pamela Beth Loginsky, WA Assoc. of Pros. Attny, Olympia, WA, Heiko Philipp Coppola, Deputy Pros Atty, Kelso, WA, for Respondent.

Lisa Elizabeth Tabbut, Attorney At Law, (Court Appointed), Longview, WA, for Appellant.

ARMSTRONG, J.

Brian Clay Clausen appeals the denial of his suppression motion. He argues that the search of his vehicle was not a valid search incident to custodial arrest because he was initially arrested on a misdemeanor driving charge and the county jail was not booking people on such charges due to jail overcrowding. Finding that Clausen's arrest was a custodial arrest, we affirm.

FACTS

On July 18, 2001, Kalama Police Officer Steven Parker ran...

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