State v. Patton

Finally, a straightforward holding!

Though we agree Patton was under arrest while he stood next to his car, the search incident to arrest exception requires a nexus between the arrestee, the vehicle, and the crime of arrest, implicating safety concerns or concern for the destruction of evidence of the crime of arrest. Because no such nexus existed here, we reverse the Court of Appeals. We hold that an automobile search incident to arrest is not justified unless the arrestee is within reaching distance of the passenger compartment at the time of the search, and the search is necessary for officer safety or to secure evidence of the crime of arrest that could be concealed or destroyed.

This entry was posted on October 29, 2009 at 10:52 am and is filed under Chief Justice Barbara Madsen - Concur in Majority, Criminal Law, Justice Charles Johnson - Concur in Majority, Justice Debra Stephens - Draft Majority, Justice Gerry Alexander - Concur in Majority, Justice Jim Johnson - Draft Concurrence, Justice Mary Fairhurst - Concur in Majority, Justice Richard Sanders - Concur in Majority, WA Supreme Court. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.