State v. Feller

The State of Washington appeals the suppression of marijuana obtained in a search incident to the arrest of Patrick N. Feller for driving without a valid operator's license. The State contends the search was justified as incident to a custodial arrest, as a protective search for weapons, or on the basis of inevitable discovery. We affirm.

At 2 p.m. on April 24, 1989, Trooper John Berends saw a red Chevette traveling eastbound on Nob Hill Boulevard in Yakima. The car had a cracked windshield, no gas cap and its driver failed to signal a lane change. When the trooper stopped the car and asked…