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STATE v. BYRD

No. 86399-7.

310 P.3d 793 (2013)

178 Wn.2d 611

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

Supreme Court of Washington.

October 10, 2013.

Attorney(s) appearing for the Case

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

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

Douglas B. Klunder , Attorney at Law, Seattle, WA, Amicus Curiae on behalf of American Civil Liberties Union of Washington.

James Morrissey Whisman , King County Prosecutor's Office, Seattle, WA, Amicus Curiae on behalf of Washington Association of Prosecuting Attorneys (WAPA).

STEPHENS, J.

¶ 1 This case concerns the search of an arrestee's purse incident to her arrest. The decisive question is whether the search of Lisa Byrd's purse was a search of her person. Because the purse was in her lap when she was arrested, it was an article of her person under the long standing "time of arrest" rule. Neither the United States Supreme Court's decision in Arizona v. Gant, 556 U.S. 332, 129 S.Ct. 1710...

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