State v. Rathbun

¶ 1

Bridgewater, J.

— The State appeals the trial court’s order of dismissal nunc pro tunc, in which it found that evidence of methamphetamine and drug paraphernalia was improperly seized. Robert K. Rathbun had been working on a truck, but at the time of his arrest, he was 40 to 60 feet away from the truck and had jumped a fence. We hold that Rathbun was not in close enough physical proximity to the truck such that the vehicle could be searched incident to his arrest. We affirm.

¶2 The parties have stipulated to the trial court’s findings of fact. The findings of fact state that on February 12,…