Edwards v. State

OPINION ON REHEARING

MATTINGLY-MAY, Judge.

The State petitions for rehearing 1 of our opinion in Edwards v. State, 762 N.E.2d 128 (Ind.Ct.App.2002). 2 We grant the State's petition for the limited purpose of addressing the State's arguments that we improperly considered the absence of "exigent cireumstances" to justify the State's warrantless search of a vehicle and that we misapplied the search incident to an arrest exception to the warrant requirement. We reaffirm our original decision.

Police arrested Edwards after a convenience store employee reported Edwards had stolen cigarettes. Police…