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Ford Taurus,New Holland Ford tuningFord F 150 and Ford Focus Headlights
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STATE v. PATTON Leagle, Inc.
Phase v. PATTON
STATE OF WASHINGTON, Respondent,
v.
RANDALL J. PATTON, Petitioner.
No. 80518-1.
Supreme Court of Washington, En Banc
Filed: October 22, 2009
Voiced Argument Date: May 29, 2008.
Counsel for Petitioner(s), George A. Kolin, Attorney at Law, Po Box 173, Washougal, WA, 98671-0173.
Recommendation for Respondent(s), Peter S. Banks, Attorney at Law, Skamania Co Courthouse, Po Box 790, Stevenson, WA, 98648-0790.
Amicus Curiae on behalf of American Well-mannered Liberties Union, of Washington, Douglas B Klunder, Attorney at Law, 6940 Parshall Pl Sw, Seattle, WA, 98136-1969.
STEPHENS, J.
This for fear of the fact asks us to determine the validity of an automobile search under the "incident to arrest" exception to the general permit requirement of article I, section 7 of the Washington State Constitution. Sheriff's deputies attempted to execute an arrest warrant for Randall J. Patton while he stood in his driveway next to his parked car with his head in the window. When told he was under restraint, Patton fled from the car into his home, where law enforcement officers physically detained him. They subsequently searched his car. The headache court found the search invalid as a search incident to arrest because police did not physically detain Patton while he stood next to his car. The Court of Appeals reversed, determination Patton was arrested next to his automobile, and therefore, the search of his car was valid incident to his arrest. Though we agree Patton was under check while he stood next to his car, the search incident to arrest exception requires a nexus between the arrestee, the vehicle, and the violation of arrest, implicating safety concerns or concern for the destruction of evidence of the crime of arrest. Because no such nexus existed here, we vicissitude the Court of Appeals. We hold that an automobile search incident to arrest is not justified unless the arrestee is within reaching mileage of the passenger compartment at the time of the search, and the search is necessary for officer safety or to secure clue of the crime of arrest that could be concealed or destroyed.
454 Small Block Chevy Stroker by BluePrint Engines
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454 Chevy Engine Parts - News
Too Much Iron
Nowadays if you hankering 400-500hp you snatch up a Chevy LS or Mopar Hemi junkyard engine, chuck a moderate camshaft in it, wire it, and fire it in your in. It's really that simple. But back in the day if you wanted 350-450hp you were talking big blocks.
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