State v. Thomas

Bridgewater, A.C.J.

— Gregory M. Thomas was convicted of possession of stolen property in the second degree and two counts of unlawful possession of a controlled substance—heroin and methamphetamine. Thomas appeals the denial of his motion to suppress evidence and statements he contends were gathered as a result of an unlawful seizure. We hold that where the detention of a passenger is lawful, the search of the vehicle is lawful, and the evidence is not obtained from the detention of the driver, the driver’s detention is incidental and harmless because it did not lead to the seizure of the…