holding probable cause to arrest traffic offender insufficient basis to sustain warrantless search of vehicle
How later courts described this case
- holding probable cause to arrest traffic offender insufficient basis to sustain warrantless search of vehicle
- explaining why mere furtive gestures, without more, do not establish probable cause
- passenger's actions of turning and putting her arm over the back of the seat, then facing forward, bending down towards floor, and then resuming normal position did not support probable cause to search
- automobile search for drugs after arrest of driver on traffic charge unlawful absent reasonable grounds to believe that drugs were secreted therein
Written by the judges who cited it.
The opinion
McCOMB, J.
I dissent. I would grant the writ.