State v. FossNo. 20100151

Per Curiam.

[¶1] Scott Gregory Foss appeals the district court's judgment entered after his conditional plea to the charges of possession of a controlled substance and unlawful possession of drug paraphernalia. Foss argues the criminal judgment should be vacated and the district court's denial of his motion to suppress should be reversed because law enforcement did not have probable cause for the arrest or for the search. We summarily affirm under N.D.R.App.P. 35.1(a)(3), concluding law enforcement had probable cause for the arrest and the search was a valid search incident to the arrest.

[¶2] Gerald W. VandeWalle, C.J.
Daniel J. Crothers
Mary Muehlen Maring
Carol Ronning Kapsner
Dale V. Sandstrom