Stephen Paul Hobbs , Office of the Prosecuting Attorney, Prosecuting Atty King County, King Co. Pros./App. Unit Supervisor, James Morrissey Whisman, King County Prosecutor's Office, Seattle, WA, Stephen D. Trinen , Pierce County Prosecutors Ofc, Tacoma, WA, for Respondent.
Sheryl Gordon McCloud , Law Offices of Sheryl Gordon McCloud, Seattle, WA, amicus counsel for Washington Association of Criminal Defense Lawyers.
Seth Aaron Fine , Attorney at Law, Snohomish Co. Pros. Ofc., Everett, WA, Pamela Beth Loginsky , Washington Assoc. of Prosecuting Atty., Olympia, WA, amicus counsel for Washington Association of Prosecuting Attorney.
¶ 1 In Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (2009), the United States Supreme Court held that a warrantless automobile search incident to arrest of a recent occupant of the vehicle is proper under the Fourth Amendment to the United States Constitution only (1) when the arrestee is unsecured and within reaching distance of the passenger compartment at the time of the search or (2)...
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