This section contains the nature of the case and procedural background.

A reliable informant told police about a man selling drugs kept in the trunk of a car parked on Ridge Street. The informant had observed sales and gave the police a detailed description of the suspect as well as the car. A computer check on the owner of the car discovered that Ross (D) was the owner and had gone by the alias of Bandit thus matching the informant's description of D. The officers left the scene and returned five minutes later to find that the driver of the car matched the description of the Bandit. The police stopped the car and found a bullet on the front seat and a pistol in the glove compartment. D was then arrested and handcuffed. The keys to the car were then used to open the trunk, and a bag containing white powder in glassine bags was found. The bag was replaced, the trunk closed and the police drove the car to their station. A thorough search was conducted, and $3,200 in cash was found in a zippered red leather pouch. The police lab determined the powder in the bags was heroin. No warrant was ever obtained for any of the searched. A motion to suppress was made, and that motion was denied. D was convicted and appealed. The appeals court determined the search of the paper bag was lawful, but the search of the pouch was unlawful. The en banc appeals court reversed.

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