specially concurring:
After a detailed and careful analysis of the circumstances surrounding defendant’s arrest, the majority concludes that even if suppression of the evidence seized from defendant’s vehicle was not justified based on the invalid arrest, it would still affirm the trial court’s suppression order because the search performed by Officer Dykema was not a valid search incident to arrest. I concur that under the facts here and pursuant to Arizona v. Gant, 556 U.S. 332, 173 L. Ed. 2d 485, 129 S. Ct. 1710 (2009), there was no justification to search defendant’s car and thus the trial court properly suppressed the physical evidence recovered. I would accordingly limit our opinion to the analysis of this issue alone.