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Kluesner v. State8/25/1999
ipe would be potential evidence of DWI because a driver can be intoxicated with drugs as well as alcohol.
We conclude that Officer Fifer's search of Kluesner's pocket was within the permissible scope of a search for weapons incident to arrest. Because Officer Fifer was confident that the object he felt in Kluesner's pocket was a crack pipe, and because the concealed crack pipe could be evidence of the crime that Officer Fifer arrested Kluesner for, Officer Fifer was authorized to reach into Kluesner's pocket and remove the object. Because Officer Fifer's search of Kluesner's pocket was authorized as a search incident to arrest, we agree with Judge Sanders' decision to deny both Kluesner's motion to suppress and his motion to reconsider.
Conclusion
The judgment of the superior court is AFFIRMED.
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