Pierce v. State

[T25] I respectfully dissent, and would affirm the district court's decision that this was a valid search incident to arrest and reasonable under all of the circumstances. In my view, the majority reaches the opposite result by misapplying the standard of review, marginalizing officer safety as a factor to be weighed in the analysis, and overlooking the most meaningful difference between the state and federal standards.

[126] As part of its standard of review, the majority recites that "evidence is viewed in the light most favorable to the district court's determination." It then proceeds to…