STATE v. DEAN

No. CR-02-0427-PR.

76 P.3d 429 (2003)

206 Ariz. 158

STATE of Arizona, Appellant, v. Donald Gene DEAN, Appellee.

Supreme Court of Arizona, En Banc.

September 15, 2003.


Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Billie A. Rosen, Section Chief Counsel, Drug Enforcement and Violent Crimes Section, Phoenix, Attorneys for Appellant.

James J. Haas, Maricopa County Public Defender by Garrett W. Simpson, Deputy Public Defender, Phoenix, Attorneys for Appellee.


HURWITZ, Justice.

¶ 1 We granted review in this case to address a recurring Fourth Amendment issue—whether the search of an automobile is "incident" to the arrest of a defendant. In this case, the search occurred after the defendant was arrested in a house, some two and one-half hours after he had exited the vehicle. The superior court held that the search violated the Fourth Amendment; the court of appeals reversed. For the reasons below, we hold that...

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