Search and Seizure — probable cause — search incident to arrest

By: WISCONSIN LAW JOURNAL STAFF//October 4, 2011//

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Wisconsin Court of Appeals

Criminal

Search and Seizure — probable cause — search incident to arrest

Dino McCoy appeals a judgment convicting him of possession with intent to distribute or deliver cocaine, in violation of Wis. Stat. § 961.41(1m)(cm)1r. (2009-10). McCoy argues that the police lacked probable cause to arrest him, and discovered the cocaine during an invalid search of his person incident to arrest. Because the police had probable cause to arrest McCoy based on his constructive possession of a nearby pipe packed with marijuana, we affirm. This opinion will not be published.

2010AP2610-CR State v. McCoy

Dist III, Eau Claire County, Gabler, J., Per Curiam

Attorneys: For Appellant: FitzGerald, Patricia A., Mt. Horeb; For Respondent: Perlman, David H., Madison; White, Glenn R., Eau Claire

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