State v. Crutcher

*303FRANK F. DROWOTA, III, Justice,

dissenting.

I respectfully dissent from the majority’s decision in this case. In my view, the appel-lee had been arrested at the time his motorcycle was searched; therefore, the search was valid as incident to a lawful arrest. Even assuming, however, that the appellee had not been technically arrested at the time the search occurred, the search and arrest were substantially contemporaneous; therefore, the search was constitutionally valid as incident to a lawful arrest. Accordingly, I would reverse the judgments of the lower courts which ordered suppression of…