5 . Although the scope of a search incident to arrest appears to be greater where people other than the arrestee may gain access to weapons or evidence, case law generally requires some evidence that this concern was actually present before so extending the scope. See, e.g., Harrison, 805 P.2d at 785 (upholding search ten feet away from arrestee at time he was restrained, holding such distance "was sufficiently within [his] immediate control ... to permit its search incident to [his] arrest”; noting "separate safety concern also justified searching the diaper bag at the arrest scene” where "there was no way to secure it at the scene pending the obtaining of a warrant to search it" because someone would eventually have to get into bag to take care of child); Bennett, 908 F.2d at 193 (<HOLDING>). 6 . We note the State did not address the
holding that city ordinances ban on assault weapons was vague because the ordinance lacked a scienter requirement and its definitions of assault weapons inter alia unfairly required gun consumers to ascertain the developmental history of particular weapons or monitor the precise types of ammunition available for their weapons holding enhancement not appropriate because of two and onehalf month lapse between the criminal activity and the discovery of the weapons and no evidence that weapons were present when defendant committed charged offense recognizing as reasonable an officers inference that a driver could be hiding weapons in his car when his passenger had an outstanding warrant for a weapons violation holding that officers were not justified in conducting a protective sweep incident to the defendants arrest despite the defendants alleged involvement with narcotics and possession of weapons because the defendant did not resist and there was no noise or other evidence suggesting anyone else was present in the house holding search of armed robbery defendants suitcases and between mattresses of hotel room proper where at time of arrest officers were aware that the defendants had used several different weapons during the robberies and that one weapon a loaded revolver was in plain view concluding officers reasonably feared that someone else was going to come to the room who knew where the other weapons were or that the defendants would position themselves to take advantage of any hidden weapons or instrumentalities