People v. Miller

BURKE, J., Concurring and Dissenting.

I concur with the result reached by the majority, for I agree that the warrantless search of the pocket of Miller’s overcoat at the police station violated his reasonable expectation of privacy and that the search cannot be upheld as incident to an arrest for receiving stolen property because there was not probable cause to believe he committed that offense. Moreover, the theory that it was incident to an arrest for that offense was not presented in the trial court and may not be urged for the first time on appeal.

I disagree, however, with dictum by the…