State v. Burkhardt

E. RICHARD WEBBER, Special Judge,

dissenting.

I respectfully dissent.

The Fourth Amendment of the United States Constitution provides, “The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Carroll v. United States, 267 U.S. 132, 45 S.Ct. 280, 69 L.Ed. *408543 (1925), recognized the lawful search of an automobile without a…