Curry v. State

I believe the search of appellant’s automobile was violative of the Fourth Amendment. I therefore dissent from Division 2 of the majority opinion.

The majority appears to justify the search of appellant’s automobile on the ground that the police had probable cause to arrest appellant for certain traffic offenses. I do not argue with the contention that the police had probable cause to arrest. However, it does not follow that, merely because the arrest was legal, the search was also legal. Under the circumstances of this case, I believe the state has failed to carry its burden of proof as to…