STATE v. BYRD

No. 29056-5-III.

258 P.3d 686 (2011)

162 Wn. App. 612

STATE of Washington, Appellant, v. Lisa Ann BYRD, Respondent.

Court of Appeals of Washington, Division 3.

July 19, 2011.


Attorney(s) appearing for the Case

Kevin Gregory Eilmes , Prosecuting Attorney's Office, Yakima, WA, for Appellant.

Susan Marie Gasch , Gasch Law Office, Spokane, WA, for Respondent.


KULIK, C.J.

¶ 1 We recently held in State v. Johnson1 that the controlling principles laid out in the United States Supreme Court's opinion in Arizona v. Gant2 applied to the search of a vehicle incident to arrest but not to the search of a purse incident to arrest. We now conclude that we were wrong. Here, the defendant sat handcuffed in a patrol car while police searched her purse. The...

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