State v. Brennan

OPINION

DONOFRIO, Presiding Judge.

We are called upon to determine whether a proper and legal search was conducted upon appellant in discovering marijuana upon his person and in his motor vehicle pursuant to an arrest warrant for failure to appear for a traffic citation.

The facts briefly stated are as follows. During the early morning hours of May 24, 1973 appellant, who was on his way to the Dickson Electronic plant to pick up a friend who was getting off work, stopped his vehicle on the side of the road for a personal reason. His action was observed by Officer Kelleher who was unable to…