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Schweitzer v. State

The trial court properly admitted the methamphetamine the officer found in the defendant's purse after her arrest, since police would have inevitably discovered the contraband during an inventory search when the defendant was booked in jail.

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In this interlocutory appeal, Stephanie Schweitzer appeals from the denial of her motion to suppress evidence found in her purse during a traffic stop. She contends that the officer lacked authority to search her purse and that the contents of her purse would not be discovered inevitably as a part of her arrest processing. For the reasons that follow, we affirm.

On review of the denial of a motion to suppress, we consider all the evidence of record, including evidence introduced at trial. Where the evidence at a hearing on a motion to suppress is uncontroverted and no question of credibility is presented, we review the trial court’s application of the law to these undisputed facts de novo. As to questions of fact and credibility, however, we construe the evidence in favor of the trial court’s findings and judgment, which must be accepted unless clearly erroneous.1

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