Pitka v. State

OPINION -

Judge MANNHEIMER,

writing for the Court and writing a separate concurrence m which J udge ALLARD joing.

Frederick A Pitka was arrested for driving under the influence. Following Pltkas arrest, officers at the scene searched the ashtray of his car (without a warrant), and discovered a bindle of cocaine. Based on the discovery of this cocaine, Pltka was indicted for, and later convicted of, fourth-degree controlled substance misconduct, (He .was also convicted of driving under the influence. )

In this appeal, Pitka claims that the search of the car ashtray was unlawful, that the bindlé of…