explaining that because the purse of a defendant arrested for disorderly conduct was properly in custody of the police, police were permitted to seize what was in plain sight sticking out of her purse
How later courts described this case
- explaining that because the purse of a defendant arrested for disorderly conduct was properly in custody of the police, police were permitted to seize what was in plain sight sticking out of her purse
- "Within such scope of the search, instruments, evidence, and fruits of the crime for which the defendant was arrested may be searched for and seized."
Written by the judges who cited it.
The opinion
*465 Wilkie, J.
(concurring). I would not resort to the “custody search” concept to justify the search in this case. As to this concept I share the misgivings of Mr. Justice Gordon. The defendant was arrested for disorderly conduct and taken into custody. The inventory that was then made of the contents of her purse, plus the later inspection that led to the discovery of the material, were investigations that were reasonably related to the crime for which she was originally arrested. In my judgment this search was reasonable.