State v. MacDicken

¶12 (dissenting) — The majority upholds the search of the laptop and rolling duffel bags in this case under a “time of arrest” rule. Majority at 942. I believe that the “time of arrest” rule is inconsistent with United States Supreme Court precedent. For that reason, I respectfully dissent.

¶13 The United States Supreme Court has long recognized “the basic rule that ‘searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment to the United States Constitution — subject only to a few specifically established…