Joubert repeatedly refers to Parole Officer Shoop's suspicions that Joubert may have been involved in illegal drug activity as evidence of a pretextual motive, and asserts that Parole Officer Shoop relayed these suspicions to Officer Kantor. The evidence demonstrates that the police had probable cause to arrest Joubert on suspicion of vehicle theft. The car had been reported stolen, and this report was confirmed at the time of arrest. Evidence that the police may also have suspected Joubert of drug activities is not enough to demonstrate that this arrest was a sham. The evidence in the record is sufficient to uphold the trial court's finding of probable cause.
Auto theft is an offense evidence of which can be concealed on the person.
Federal law permits a police officer to search a person and any possessions found upon that person incident to arrest. Alaska law is not so permissive. For a search incident to arrest to go beyond a weapons search, the arrest must be for an offense evidence of which may be found on the suspect's person. If the offense qualifies, the police may only search for evidence of that offense and the search must be reasonable. Joubert was not formally arrested for this offense, but a formal arrest is not necessary for this exception to apply.