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STATE v. KIRWIN

No. 80113-4.

203 P.3d 1044 (2009)

STATE of Washington, Respondent, v. Dennis Ray KIRWIN, Petitioner.

Supreme Court of Washington, En Banc.

Decided March 26, 2009.

Attorney(s) appearing for the Case

Patricia Anne Pethick, Attorney at Law, Tacoma, WA, Thomas Edward Doyle, Attorney at Law, Hansville, WA, for Petitioner.

Thurston County Prosecutor's Office, James C. Powers, Olympia, WA, for Respondent.

FAIRHURST, J.

¶ 1 A jury convicted Dennis Ray Kirwin of unlawful possession of methamphetamine. The police found the methamphetamine in Kirwin's truck during a warrantless search conducted incident to the arrest of the passenger, Casey Irwin. Kirwin claims the State failed to justify the warrantless search of his truck under the search incident to arrest exception. He contends the city ordinance providing the basis...

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