State v. Clarke

HORTON, Justice.

Peter O'Donald Clarke ("Clarke") appeals from his judgment of conviction, entered upon a jury verdict finding him guilty of possession of methamphetamine, marijuana, and paraphernalia. The methamphetamine, marijuana, and paraphernalia were all found on him during a search incident to arrest for misdemeanor battery.

On appeal, Clarke argues that the district court erred when it denied his motion to suppress. Clarke contends his arrest for the misdemeanor was unlawful because it had been committed outside of the officer's presence; and thus the arrest violated the constitutions…