State v. Guilbert
Case Date: 03/05/1998
Docket No: 970280
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State v. GuilbertCriminal No. 970280 Per Curiam. [¶1] The State appealed an order suppressing evidence against Rick Guilbert and dismissing the drug charges against him. The evidence had been found when the police searched the interior of Guilbert's auto during a valid stop and arrest of Guilbert on a warrant for an NSF check. We summarily reverse under NDRAppP 35.1(b). These decisions are dispositive: State v. Olson, 1998 ND 41, ¶13 (officer may search the interior of auto during valid stop and arrest of driver); State v. Hensel, 417 N.W.2d 849, 852-53 (N.D. 1988)(valid warrantless search of interior of auto and containers within when driver arrested, handcuffed, and held in patrol car); New York v. Belton, 453 U.S. 454, 460 (1981) (establishing "workable rule . . . when a policeman has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment of that automobile . . . [and] any containers found within . . . .")(footnotes omitted). [¶2]Gerald W. VandeWalle, C.J.
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