State v. McKenna

(dissenting) — I disagree with the majority’s assertion that “Stair’s arrest was based solely on the fruits of the disputed search” and that “the challenged search was not accompanied by a contemporaneous arrest.” I would affirm the trial court’s ruling that because the police had justification to arrest McKenna independent of the seized methamphetamine, the search was valid as incident to arrest. Officer Stair believed that he had three grounds for arrest: (1) possession of drug paraphernalia; (2) an outstanding arrest warrant in connection with a previous driving without an operator’s…