In this archive episode, Dennis explains that the defendant’s admission establishes probable cause. Recorded on 09/17/2017.

State v Brown 2002 –

Dog hit’s on defendants suitcase and she admitted to having 55 pounds of marijuana on her hence establishing PC, she was arrested and the search of the bag was considered search incident to arrest.

Probable cause to arrest defendant existed following her admission of guilt especially in light of the dog having “alerted” to the presence of drugs in the suitcase. Indeed, at oral argument before us, defense counsel admitted probable cause existed in these circumstances. Hence, the search of the suitcase was incident to defendant’s arrest and her consent to search was not required.[8] That being so, we need not decide whether defendant’s consent to search the suitcase was voluntary.