WA: Purse in lap at time of arrest subject to SI

Defendant’s purse in her lap at the time of her arrest could be searched incident to her arrest in a car. It was clearly associated with her person. State v. Byrd, 178 Wn.2d 611, 310 P.3d 793 (2013), revg State v. Byrd, 162 Wn. App. 612, 258 P.3d 686 (2011) (posted here):

¶27 The search incident to arrest exception encompasses two distinct rationales. A search of the arrestee’s immediate area must be justified by concerns for officer safety or evidence preservation, while a search of the arrestee’s person and articles of his or her person is justified by the authority of a lawful arrest.

¶28 We rely on the time of arrest rule and hold that because Byrd’s purse was on her lap at the time of her arrest, it was an article of her person. If Ely had probable cause to arrest Byrd, his search of her purse was lawful under the Fourth Amendment and article I, section 7. We reverse the Court of Appeals and remand for further proceedings in the trial court.