State v. Cook

(with whom

WALTERS, Chief Judge, joins), specially concurring.

We agree with our colleague that the judgment of conviction should be affirmed. We concur fully in Parts II and III of his lead opinion; but we concur only in the result as to Part I, which discusses the search resulting in seizure of money from Cook’s pocket. In our view this search was incident to a valid arrest. Moreover, we resist the suggestion that the doctrine of “inevitable discovery” should be applied in this case. Each point is examined in turn below.

Search Incident to Arrest

The lead opinion suggests that the search was…