State v. Bagnard

MARTIN, Judge.

For his first assignment of error, defendant contends the trial court erred in overruling defendant’s motion to suppress evidence obtained by Trooper DeBose’s warrantless search of the car. In support of his contention defendant argues that (1) he was not under arrest when Trooper DeBose initially opened the car door and saw the marijuana and such action by Trooper DeBose constituted an unlawful search and (2) even if he was under arrest at the time the marijuana was found, the arrest was. unlawful and any search incident thereto was unlawful. Since we hold that the search was…