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STATE v. AFANA

No. 82600-5.

233 P.3d 879 (2010)

STATE of Washington, Respondent, v. Mark Joseph AFANA, Petitioner.

Supreme Court of Washington, En Banc.

Decided July 1, 2010.

Attorney(s) appearing for the Case

Dennis W. Morgan, Attorney at Law, Ritzville, WA, for Petitioner.

Andrew J. Metts, III, Mark Erik Lindsey, Spokane County Prosecutor's Office, Spokane, WA, for Respondent.

Douglas B. Klunder, Attorney at Law, Seattle, WA, amicus counsel for American Civil Liberties Union & Washington Association of Criminal Defense Lawyers.

Travis Stearns, Washington Defenders Association, Gregory Charles Link, Washington Appellate Project, Seattle, WA, amicus counsel for Washington Defenders Association.

ALEXANDER, J.

¶ 1 Mark Joseph Afana asks this court to reverse a decision of the Court of Appeals in which that court reversed the trial court's suppression of drug evidence found in his car. Afana contends that the warrantless search of his car incident to the arrest of his passenger violated the Fourth Amendment to the United States Constitution and article I, section 7 of the Washington Constitution. Because the arresting officer did not, at the time of the...

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