People v. Walker

Defendant was convicted of DUI based on presence of cannabis in her urine. Court erred in denying Defendant's motion to suppress evidence of cannabis ingestion found in her purse and car. Officer had taken purse away from Defendant, and was reaching for and grabbing toward purse, which officer had set on her car. Defendant was standing unsecured only a few feet away from her purse, and her repeated actions of grabbing for purse could not be entirely unsuccessful and, at same time, consistent with actions of a person trying to obtain a weapon to use against officer or others. Officer's curiosity about contents of purse does not justify his search. (KNECHT and TURNER, concurring.)