Pace

J(1) We hold that the warrantless search of a container, removed from a person incident to arrest and reduced to the exclusive control of the police, is unlawful because unjustified by any exigent circumstances.

The arrest occurred on March 20, 1977. Officers Jack Dahl and Ronald Packard were on patrol in separate cars. Both were directed by radio to Union City’s Casa Verde Park to investigate complaints about an intoxicated man there. Packard arrived first and saw a man who “seemed to stagger quite heavily, almost in a somewhat dazed fashion . . . .” Packard said hello and asked him how things were going and “he just kind of stared at me.” Packard asked him how he felt and he said “I’m okay. I’m making it home. I’m fine.” He said that he lived “over there.” Packard asked for identification and the man felt in his pockets but produced nothing.

Less than a minute passed before Dahl arrived and told Packard “that he thought he knew the individual was Mr. Pace.” Pace was carrying a lunchbox and Dahl told him “to set the box down for my own safety.” Pace complied, setting the lunchbox in front of Dahl. Dahl moved it to insure that it was beyond Pace’s reach. Dahl, like…