State v. McClennen

OPINION

CASTILLO, Judge.

I. BACKGROUND

{1} Defendant was arrested for racing on a public highway and driving while intoxicated (DWI). During the booking process, the arresting officer conducted an inventory search of Defendant’s belongings. The officer found a laminated card in Defendant’s wallet, and on the card was a white powdery substance. The officer placed the card on the table and turned away in order to find a field test kit. The officer testified that in his peripheral vision, he saw Defendant use his thumb to swipe the card and then place his thumb in his mouth. The officer then…