Scott v. State

RAWLS, Acting Chief Judge.

“An incidental search should be, as the term implies, incidental to the arrest. The primary purpose should be to arrest and the search should be purely incidental to it. An exploratory search is one in which the search is primary and the arrest is used as a pretext to justify the search.”1

A review of this record leads us to the inescapable conclusion that the search conducted subsequent to arresting Scott was primarily exploratory and not as an incident of the arrest.

On March 16,1976, Deputy Sheriff Markham was looking for Scott for the purpose of executing two…