Howlett (James) v. State ( 2014 )

 motion and heard testimony from the investigating officer, Deputy John
Hitch, and Howlett. Based on Deputy Hitch's testimony, the district court
determined that "reasonable cause to frisk" existed. The district court also
found that Deputy Hitch had probable cause to arrest Howlett "based
upon the traffic violations he observed, . . . [his] failure to identify himself,
and [his] obstructing of Deputy Hitch's investigation." See NRS
171.123(1); NRS 171.1231. Additionally, Deputy Hitch testified that based
on his years of experience and training, Howlett appeared to be under the
influence of a central nervous system stimulant. Deputy Hitch stated that
he discovered the drugs in Howlett's possession after he placed him in
handcuffs and arrested him. As a result, the district court determined
"that the methamphetamine found in Howlett's pocket was recovered
during a lawful search incident to arrest." See United States v. Robinson,
414 U.S. 218, 235 (1973) (holding that a search incident to an arrest based
on probable cause is reasonable and "requires no additional justification");
Carstairs v. State, 94 Nev. 125, 127-28, 575 P.2d 927, 928 (1978). We
agree and conclude that the district court did not err by denying Howlett's
motion to suppress. Accordingly, we
ORDER the judgment of conviction AFFIRMED.
Pickering
Poem uy
'
J.
Partagitirre
J.
Saitta
SUPREME COURT
OF
NEVADA
2
(0) 1947A
cc: Hon. James E. Wilson, District Judge
State Public Defender/Carson City
Attorney General/Carson City
Carson City District Attorney
Carson City Clerk
SUPREME COURT
OF
NEVADA
3
(0) 194Th e