State v. Francum

HEDRICK, Judge.

Defendant first contends that the items contained inside the paper bag were the products of an unconstitutional search and seizure under the Fourth Amendment, and they should have been excluded from evidence. Defendant argues that Trooper Church did not have probable cause to justify a search of defendant’s automobile and that the warrantless search resulting in seizure of the contents of the paper bag cannot be justified under any of the exceptions for automobile searches.

A “search” proscribed by the Fourth Amendment contemplates an unreasonable governmental intrusion into an…