State v. Newcomb

I agree with the majority that Captain O’Sullivan had probable cause to arrest the defendant. I also agree that, if the inventory search of the U-Haul truck was invalid, it makes sense in the circumstances of this case to remand to the trial court to determine whether there was probable cause for the search warrant in the absence of the information gleaned from the inventory search and to address the standing and “fruits” issues identified by the majority. I disagree, however, with the majority’s conclusion that the inventory search violated the police department policy concerning such…