State v. Afana

¶1 — Mark Joseph Afana asks this court to reverse a decision of the Court of Appeals in which that court reversed the trial court’s suppression of drug evidence found in his car. Afana contends that the warrantless search of his car incident to the arrest of his passenger violated the Fourth Amendment to the United States Constitution and article I, section 7 of the Washington Constitution. Because the arresting officer did not, at the time of the search, have a reasonable basis to believe that the arrestee posed a safety risk or that Afana’s car contained evidence of the crime for which the…