State v. Blount

The majority holds that Deputy Oswald had probable cause to arrest defendant for possession of a controlled substance, and thus the authority to search defendant’s person incident to that arrest. As I understand the majority’s analysis, it essentially relies on two factors in finding probable cause — defendant’s visible drug intoxication and his presence in a remote forested area that the deputy suspected was used to “consummate illegal activities such as narcotics.” Because neither of these factors is sufficient to establish probable cause, I respectfully dissent.

As the majority…