State v. Bigelow

I respectfully dissent. I believe the trial court erred in holding the police did not have probable cause to search appellant’s duffel bag.

I believe this case is controlled by United States v. Ross, 456 U.S. 798,102 S.Ct. 2157, 72 L.Ed.2d 572. The applicability of Ross to the facts of this case is underscored by the Supreme Court’s description of Ross:

In this case we consider the extent to which police officers — who have legitimately stopped an automobile and who have probable cause to believe that contraband is concealed somewhere within it — may conduct a probing search of compartments and…