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STATE v. FRY

No. 85-0625-CR.

131 Wis.2d 153 (1986)

388 N.W.2d 565

STATE of Wisconsin, Plaintiff-Respondent, v. Leroy FRY, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided June 20, 1986.

Attorney(s) appearing for the Case

For the defendant-appellant there were briefs and oral argument by Ellen Pearlman, assistant state public defender.

For the plaintiff-respondent there was a brief by David C. Resheske, district attorney, and a brief by David J.Becker, assistant attorney general, and Bronson C. LaFollette, attorney general, and oral argument by Mr. Backer.

STEINMETZ, J.

The primary issue presented on this appeal, is whether the search of the locked glove compartment of the defendant's automobile after his arrest for trespass to land was justified as a search incident to an arrest. The defendant claims that the search did not qualify as a search incident to an arrest under either sec. 968.11, Stats., art. I, sec. 11 of the Wisconsin Constitution, or the fourth amendment to the United States Constitution. No challenge...

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