On Point blog, page 2 of 2
Arrest — Search Incident to Arrest — Automobile Passenger’s Property Incident to Arrest of Driver
State v. Robert J. Pallone, 2000 WI 77, 236 Wis. 2d 162, 613 N.W.2d 568, affirming State v. Pallone, 228 Wis. 2d 272, 596 N.W.2d 882
For Pallone: Steven J. Watson
Issue: Whether the search of a vehicle passenger’s duffel bag, following the driver’s arrest for the forfeiture offense of having open intoxicants, was proper.
Holding: The search was justified as both incident to arrest and as based on probable cause.