Branch v. State

The majority, on appellant’s motion for rehearing, reversed this case and in doing so overlooked a critical fact. The contraband was not found as a result of a search.

After Officer Dunahoe searched the interior of Branch’s car, including the glove compartment, he got out of the car, having found no contraband whatsoever. It was only after Dunahoe had shut the car door and was standing outside the car that he saw, in plain view, the tin foil packet that appeared to be a container for heroin. Regardless of the constitutional infirmities attributed by the majority to Dunahoe’s initial search,…