STATE v. VALDEZ

Nos. 33647-2-II, 33653-7-II.

152 P.3d 1048 (2007)

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

Court of Appeals of Washington, Division 2.

February 13, 2007.


Attorney(s) appearing for the Case

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

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


VAN DEREN, J.

¶ 1 In this consolidated case, Jesus David Buelna Valdez and Reyes Rio Ruiz challenge the search of their vehicle incident to Valdez's arrest on an outstanding felony warrant, arguing that the search exceeded the scope of a search incident to arrest under the Washington State Constitution, article 1, section 7. They argue that the trial court should have suppressed the evidence found in the vehicle during a search by a K-9 unit. We agree.

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