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STATE v. TOGNOTTI

No. 20030015.

663 N.W.2d 642 (2003)

2003 ND 99

STATE of North Dakota, Plaintiff and Appellant, v. Jessica Lynn TOGNOTTI, Defendant and Appellee.

Supreme Court of North Dakota.

June 17, 2003.

Attorney(s) appearing for the Case

Mark Rainer Boening, Assistant State's Attorney, Fargo, ND, for plaintiff and appellant.

Monty Grant Mertz, Fargo, ND, for defendant and appellee.

MARING, Justice.

[¶ 1] The State appealed from an order suppressing evidence in the prosecution of Jessica Lynn Tognotti for possession of drug paraphernalia. We hold that, incident to a valid arrest of an occupant in a vehicle, the arresting officer can search the contents of a nonarrested occupant's purse, if the purse was in the vehicle at the time of the arrest and the occupant was not instructed by the officer to leave it in the vehicle upon exiting. We...

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