Category Archives: Search incident

C.D.Cal.: Arrest for loitering justified a search incident

An arrest for loitering justified a search incident. Defendant’s actions were concerning to the officer about his criminal intent. United States v. Pick, 2017 U.S. Dist. LEXIS 59287 (C.D. Cal. Feb. 28, 2017). Defendant’s saying “go ahead in look in … Continue reading

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CA2: Open container violation supports SI

Open container violation in NYC supported a search incident to an arrest. The officer was first going to issue a summons but did a patdown and arrested when the gun was found. United States v. Diaz, 2017 U.S. App. LEXIS … Continue reading

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E.D.Mich.: Seizure of cell phone to preserve its evidence for a SW was reasonable

Seizure of defendant’s cell phone found near him when he was arrested was reasonable to preserve evidence until a search warrant could be obtained. United States v. Hamilton, 2017 U.S. Dist. LEXIS 54953 (E.D. Mich. April 11, 2017):

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OH12: Shoplifting arrest supported search incident of def’s backpack

Defendant was arrested outside a store for shoplifting a belt and hat he wore out of the store. The backpack he was wearing was subject to search incident under Gant when he was arrested. State v. Whipple, 2017-Ohio-1094, 2017 Ohio … Continue reading

Posted in Reasonable suspicion, Search incident | Comments Off

CA8: Search of def’s car for gun was reasonable as a SI even though def was arrested away from the car

Police received a 911 call about a road rage incident and flashing of a gun. They found the vehicle described in the call in a strip mall parking lot. They finally found the driver and detained him, ultimately handcuffing him. … Continue reading

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IL: SI on an arrest with PC but made without a warrant removing def from house was valid; SI occurred outside

Defendant was unlawfully arrested inside his home without a warrant. He was taken outside and frisked and a gun was found. The gun will not be suppressed under existing Illinois precedent. “As a result, we find the cases cited by … Continue reading

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D.Nev.: Untimely motion to suppress summarily denied

Defendant’s untimely motion to suppress is denied. United States v. Drexler, 2017 U.S. Dist. LEXIS 13833 (D.Nev. Feb. 1, 2017). Defendant was arrested for bank robbery, and a search incident to arrest of his person was valid and based on … Continue reading

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ID: Driving on a suspended DL supports a search incident of the person

The officer knew defendant had a suspended DL, and seeing him drive to a convenience store justified his detention and arrest. A frisk incident to the arrest produced drug paraphernalia which was validly found. State v. Lee, 2017 Ida. App. … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Search incident | Comments Off

KY: SW moots consent argument

Officers entered defendant’s home to secure a firearm and then returned with a search warrant. Defendant’s consent argument is moot. Lundy v. Commonwealth, 2017 Ky. App. LEXIS 22 (Jan. 27, 2017). The court properly overruled defendant’s motion to suppress a … Continue reading

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WV: GSR removal subject to search incident–no SW required

Taking gunshot residue without a warrant incident to arrest is reasonable because it disappears so fast. [The court analogizes blood alcohol, but GSR can disappear easily within minutes, simply by putting one’s hands in pockets or rubbing hands together.] State … Continue reading

Posted in Plain view, feel, smell, Search incident | Comments Off