State v. Tognotti

MARING, Justice.

[¶ 1] The State appealed from an order suppressing evidence in the prosecution of Jessica Lynn Tognotti for possession of drug paraphernalia. We hold that, incident to a valid arrest of an occupant in a vehicle, the arresting officer can search the contents of a nonarrested occupant’s purse, if the purse was in the vehicle at the time of the arrest and the occupant was not instructed by the officer to leave it in the vehicle upon exiting. We overrule State v. Gilberts, 497 N.W.2d 93, 99 (N.D. 1993), to the extent its rationale is contrary to our holding in this case, reverse…