State v. Burgholzer

The state appeals from an order suppressing evidence of methamphetamine found by a police officer during the course of a traffic stop. The state contends that the trial court erred because the evidence was admissible under the search incident to arrest exception to the warrant requirement. We review for errors of law and reverse and remand.

The facts are not in dispute. On February 17, 2000, Officer Durbin stopped defendant for speeding. Upon approaching defendant’s vehicle, Durbin noticed that defendant was acting strangely. According to Durbin, defendant appeared to be in “fast-forward.” His…