State v. Funkhouser

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ―It is axiomatic that a search incident to lawful arrest is absolutely dependent on the fact of an actual arrest.‖
• “[I]t is the arrest, not the right to arrest, that justifies a warrantless search incident.”
• to be a valid search incident to an arrest, the arrest must be “essentially contemporaneous”
• “The smelling or sniffing of the exterior surface of an otherwise protected repository (automobile, suitcase, locker, etc.) is not a ‘search’ within the contemplation of the Fourth Amendment.”
• decision to arrest cannot be a ―consequence of what was found in the search‖
• seeking “an arrest already in motion”

Source: CourtListener parenthetical corpus (CC0).