State v. Cass

Petrich, A.C.J.

This case presents the novel question of whether a police officer may search a vehicle incident to the lawful arrest of a passenger, but not the driver, of the vehicle. We hold that under the rationale of State v. Stroud, 106 Wn.2d 144, 720 P.2d 436 (1986), the police can search a vehicle under these circumstances.

Lou Anne Cass appeals her conviction for possession of a controlled substance contending that the court erred in not suppressing evidence that the State obtained in a search incident to the arrest of a passenger in her vehicle.

Cass's automobile caught the attention of…