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STATE v. WEBB

No. 60732-4-I.

195 P.3d 550 (2008)

STATE of Washington, Respondent, v. Chaun Lemueal WEBB, aka Chaun Lemueal Wyatt, Appellant.

Court of Appeals of Washington, Division 1.

Publication Ordered November 5, 2008.

Attorney(s) appearing for the Case

Andrew Peter Zinner, Nielsen, Broman & Koch, PLLC, Seattle, WA, for Appellant.

Heidi Joanne Jacobsen-Watts, Erin S. Norgaard, King County Prosecuting Attorney's Office, Seattle, WA, for Respondent.

COX, J.

¶ 1 Article 1, section 7 of the state constitution prohibits warrantless searches of vehicles incident to arrest where the suspect is not physically proximate to the vehicle at the time of arrest.1 Because the State fails in its burden to prove that Chaun Webb was physically proximate to the passenger compartment of his vehicle at the time of his arrest for DUI, the items that the...

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