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STATE v. RILEY

No. 62418-1-I.

225 P.3d 462 (2010)

STATE of Washington, Respondent, v. Eugene RILEY, Appellant.

Court of Appeals of Washington, Division 1.

February 8, 2010.

Attorney(s) appearing for the Case

Stephen Paul Hobbs, Office of the Prosecuting Attorney, Seattle, WA, for Respondent.

Thomas Michael Kummerow, Washington Appellate Project, Attorney at Law, Seattle, WA, for Appellant.

PUBLISHED IN PART

AGID, J. Pro Tem.1

¶ 1 Relying on the prevailing interpretation of a United States Supreme Court case, a police officer searched Eugene Riley's car incident to his arrest under circumstances later declared unconstitutional in Arizona v. Gant.2 Because United States Supreme Court retroactivity precedent requires the retroactive application of "clear break" Fourth Amendment...

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