Pitka v. State

Judge MANNHEIMER,

with whom Judge ALLARD joins, concurring.

__ For the reasons I am about to explain, I believe that our supreme court should reexamine its decision in Crawford v. State- and the entire question of what containers are “1mmed1ate1y assomated with the person" of an arrestee.

In 1980, in Hinkel v. Anchorage,1 our supreme court announced the rule that a search incident to arrest could include the search of a closed container that was "immediately associated with the person" of the arrestee. But during the ensuing thirty-five years, both the supreme court and this Court have…