STATE of Tennessee v. Marcus RICHARDS

WILLIAM C. KOCH, JR., J,

dissenting.

The pivotal question in this case is straightforward. Did the law enforcement officers who came upon Marcus Richards and his three associates sitting at a picnic table on which residue of powder cocaine was in plain view have probable cause to search Mr. Richards incident to arresting him for the simple possession of the cocaine on the table? The Court has concluded that they did not. I respectfully disagree. Based on the essentially undisputed facts, I would affirm the trial court’s conclusion that the warrantless search incident to Mr. Richards’s arrest…