State v. Steele

[¶ 23.] I respectfully dissent.

[¶ 24.] I disagree with the majority’s reliance on New York v. Belton as controlling in this case. In Belton, the passenger was subject to a “lawful custodial arrest” and therefore, subject to a search incident to that arrest. See New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981). That is not the situation before this Court. In the present case, Steele was not arrested, she was merely a passenger in a vehicle where the driver was stopped for speeding and later arrested. The search of Steele’s purse was not incident to a lawful custodial…