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Commonwealth v. Nance11/24/2004
like the forty minute lapse of time from the arrest to the search in Clark. Mize executed the search just after Nance was arrested and while he still stood to the rear of the car. Nance was only taken to the police cruiser when the gun was discovered, but searches incident to arrest are, according to each of the above-referenced cases, valid even where the arrestee is detained outside of the vehicle.
We hold that the search of Nance's vehicle is valid as incident to arrest because Nance was a recent occupant of the car when the officer's initiated contact and because Nance was lawfully arrested for criminal offenses before the search began. Because the search of Nance's vehicle was valid incident to arrest, it is not necessary to address the other assignments of error. Therefore, the decision of the lower court granting Nance's motion to suppress is reversed and this matter is remanded for further proceedings consistent with this opinion.
ALL CONCUR.
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