{"id":2689,"date":"2009-01-11T17:54:31","date_gmt":"2008-11-20T00:05:03","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-11-19T22:11:09","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2689","title":{"rendered":"WA: State’s failure to show how close defendant was to car was a failure of proof on search incident"},"content":{"rendered":"

State’s failure to show how close the defendant was to his car at the time of the arrest is a failure of proof on proximity for search incident. State v. Webb<\/a>, 146 Wn. App. 1067 (2008):<\/p>\n

\u00b616 Here, unlike in Adams, the trial court’s findings do not address Webb’s physical proximity to either the passenger compartment or his vehicle at the time of his arrest, a critical fact. In the absence of such a finding, the State has not borne its burden to show that the search of Webb’s vehicle incident to his lawful arrest falls within an exception to the warrant requirement. <\/p>\n

\u00b617 At the CrR 3.6 hearing, Officer Shipman testified that when he and Officer Reiner asked Webb to exit the vehicle, Webb staggered from his car to the sidewalk. The record does not show the distance between Webb’s car and the sidewalk. Shortly thereafter, Officer Wheeler administered field sobriety tests to Webb in the driveway of a bank. Officer Wheeler parked his patrol car in the adjacent bank parking lot about 15 feet away from where he administered the field sobriety test. During the test, Webb’s car remained parked in the right curb lane of the street. When Webb failed the tests, Officer Wheeler arrested him, placed him in handcuffs, and moved him to the patrol car. Nowhere in this record is there a showing of Webb’s proximity to his car at the time of his arrest. This is a fatal flaw.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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