State v. Weidner

OPINION

SUTIN, Chief Judge.

{1} This case presents circumstances under which the warrantless seizure of drugs from a vehicle was permissible under two exceptions to the warrant requirement, exigent circumstances and search incident to arrest. An officer saw methamphetamine, clearly contraband, in plain view in a vehicle occupied only by the driver, Defendant Jerald Weidner. The officer therefore instantly had probable cause to believe that Defendant was committing a crime. The officer first seized the drugs from within the vehicle and then immediately arrested Defendant outside the vehicle.…