State v. Radka

— Leonard A. Radka was stopped for a traffic violation and arrested for driving with a suspended license. During a search incident to the arrest, the officer found methamphetamine and drug paraphernalia in the vehicle. Mr. Radka was then arrested for possession of methamphetamine with intent to deliver. At the pretrial suppression hearing, the arresting officer admitted that he had intended to release Mr. Radka with a citation until he found the drug paraphernalia. Finding that the search was unlawful because it was incident to a noncustodial arrest, the *46trial court suppressed the evidence…