State v. Wruck
Case Date: 04/08/1998
Docket No: 970366
|
State v. WruckCriminal No. 970366 Per Curiam. [¶1] Philip Wruck appeals from a criminal judgment for possession of marijuana with intent to deliver entered under N.D.R.Crim.P. 11(a)(2). "[W]hen 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." New York v. Belton, 453 U.S. 454, 460 (1981) (footnotes omitted). Because "the justification for the search is not that the arrestee has no privacy interest in the container, but that the lawful custodial arrest justifies the infringement of any privacy interest the arrestee may have," Belton at 461, third-party ownership of an automobile does not change the bright-line rule established in Belton, allowing passenger compartment searches incident to arrest. See, e.g., Staten v. United States, 562 A.2d 90 (D.C. 1989). We affirm under N.D.R.App.P. 35.1(a)(4) and (7). [¶2]Gerald W. VandeWalle, C.J.
|