State v. Gilbert

The opinion of the court was delivered by

Biles, J.:

Brian A. Gilbert was the passenger in a parked car he did not own. Law enforcement officers saw him in the vehicle and confirmed there was an outstanding warrant for his arrest. He was taken into custody, and the car was searched incident to his arrest. Inside the car, drugs and drug paraphernalia were discovered. The State concedes the search was unconstitutional. The dispositive issue is whether a passenger who does not own or have a possessoiy interest in the vehicle may challenge the vehicle’s search incident to the passenger’s arrest.

The…