Holman v. State

[1386] I respectfully dissent. The majority opinion holds that a warrantless search of a vehicle incident to the arrest of its driver is not permissible under Article 1, Section 4 of the Wyoming Constitution if "safety concerns or other exigent cireumstances surrounding the arrest and search are not discernable in the record." This holding, like the recent case of Pierce v. State, 2007 WY 182, 171 P.3d 525 (Wyo.2007), is inconsistent with Wyoming precedent establishing that the arrest itself is sufficient justification to search the arrested person and the area within his immediate control.…