State of West Virginia v. James Earl Noel, Jr.

14-0174 — State v. Noel FILED November 6, 2015 released at 3:00 p.m. RORY L. PERRY II, CLERK SUPREME COURT OF APPEALS OF WEST VIRGINIA Benjamin, Justice, concurring: I concur with the majority opinion. I write separately to address any contention that the illegal narcotics sought to be suppressed would have inevitably been discovered during the police’s inventory search of the subject vehicle even had Officer Adams scrupulously complied with Arizona v. Gant, 556 U.S. 332, 129 S. Ct. 1710,

173 L. Ed. 2d 485

(2009), by not conducting a search of the passenger compartment incident to Mr. Noel’s…