Fortney v. State

SHARP, Judge.

Fortney pled no contest to possession of a controlled substance, i.e., cocaine, expressly reserving his right to appeal the trial court’s denial of his motion to sup*968press.1 We affirm because the claimed unlawful search of Fortney’s person (a deputy told him to unclench his fist, thereby disclosing the presence of cocaine) was undertaken under circumstances which would have given the deputy probable cause to arrest, and therefore was incidental to a lawful arrest.

The record established that at approximately 3:30 in the morning the manager of the “House of Babes” nightclub called…