McGlynn v. State

OPINION ON STATE’S MOTION FOR REHEARING

CLINTON, Judge.

On original submission a Court Panel found that a warrantless search of the purse appellant had been carrying, incident to her arrest for aggravated assault on the officer who later conducted the search, did not offend the Fourth Amendment. However, it held constitutionally impermissible his opening “a normal prescription bottle” and seizing the variety of pills contained in the bottle. Both the affected District Attorney and the State Prosecuting Attorney were granted leave to file respective motions for rehearing directing to the latter…