STATE v. QUINLIVAN

No. 25796-7-III.

176 P.3d 605 (2008)

STATE of Washington, Respondent, v. Willis James QUINLIVAN Jr., Appellant.

Court of Appeals of Washington, Division 3.

February 5, 2008.


Attorney(s) appearing for the Case

John Dietrich Knodell III, Attorney at Law, Teresa Jeanne Chen, Grant County Prosecutors Office, Ephrata, WA, for Respondent.

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


SWEENEY, C.J.

¶ 1 One of the "jealously guarded" exceptions to the general requirement of a search warrant is the search incident to arrest. The state Supreme Court established what has been called a "bright line rule" in State v. Stroud.1 The rule is that police can search a vehicle incident to arrest without the authority of a search warrant. Here, a deputy sheriff stopped a pickup. The driver left the truck, locked it, and...

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