State v. Plummer

This case involves the issue of whether the search of defendant’s purse after her arrest was unlawful. If the arresting officer, Mockler, had probable cause to arrest defendant for possession of a controlled substance, the purse could have been searched incident to such an arrest.1 The trial court held after remand that Mockler had probable cause to arrest defendant only for assault. The majority errs when it affirms the trial court and concludes that the trial court properly found that the arresting officer, Mockler, did not have subjective probable cause to arrest defendant for possession…