Commonwealth v. Stagliano

CERCONE, President Judge:

This case presents the issue whether the purse of a female passenger in an automobile may be seized and searched, consistently with the Fourth Amendment, 1 as incident to the lawful arrest of the operator of the vehicle, when the operator is outside the vehicle, under arrest and within the control of the arresting officer, and the passenger is neither involved in the criminal activity which led to the operator’s arrest nor an apparent confederate of the operator. The court below held that the passenger’s purse could be seized and searched, and the fruits of this…