Category Archives: Search incident

CA6: Search incident permitted for arrest on parole absconder warrant

Search incident to arrest is proper on an arrest on parole absconder warrant. Witzke v. Bradley, 2016 U.S. App. LEXIS 23965 (6th Cir. Dec. 30, 2016). The officer developed reasonable suspicion to continue the stop to bring in the drug … Continue reading

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D.Minn.: Search incident on a PV warrant was valid

Search incident to arrest on a DOC warrant was valid. Search incident of his backpack in the car wasn’t valid, but it was by inventory and thus inevitable discovery. United States v. Vang, 2017 U.S. Dist. LEXIS 161227 (D. Minn. … Continue reading

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TX: Search incident still justified by discovery of a different offense after arrest

The court of appeals erred in holding that a search incident to arrest could not be justified by discovery of a different offense after arrest. As long as there was probable cause to arrest for the newly-discovered offense, and the … Continue reading

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MA: Trial court suppression of confession on tape was clearly erroneous; with PC to arrest, def’s clothing could be seized and forensically tested

The trial court’s order suppressing defendant’s confession and the subsequent search of his clothing is reversed as clearly erroneous. Defendant’s arrest was with probable cause, and that allowed seizure and forensic testing of his clothing. Commonwealth v. Tremblay, 2017 Mass. … Continue reading

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ID: Frisk doesn’t allow opening containers that can’t reasonably contain weapons; search incident doctrine doesn’t apply to frisk because no arrest

The search incident doctrine doesn’t apply to a stop and frisk. Thus, when a container is removed from a person in a frisk and the officer has no reasonable basis for concluding that the container has a weapon in it, … Continue reading

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D.Mont.: How many ways can this vehicle search be sustained that go unmentioned?

Defendant was stopped for driving erratically through a construction zone, and when stopped, he was acting strange and officers ordered his hands up. He slowly raised them with a cell phone in hand. Hands on guns, officers approached and saw … Continue reading

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Cal.1st: Smell of MJ on the person is at worst indicative of an infraction and it can’t justify a search incident

Officers were attracted to a group of youths in an area known for potential gang violence. They approached them and informed defendant that he smelled of marijuana and searched him. Because smelling of marijuana isn’t a crime and possession of … Continue reading

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OH7: Book bag in trailer not subject to search incident after defendant handcuffed and in police car

Defendant’s book bag in a towed trailer was not subject to search incident under Gant after he’d been arrested and was in the backseat of the patrol car [if ever]. State v. Johnson, 2017-Ohio-5708, 2017 Ohio App. LEXIS 2744 (7th … Continue reading

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IA: Breath test of boater was valid as search incident under 4A but not state const.

“[T]he breath test [of a boater] constituted a search incident to arrest excepted from the Fourth Amendment’s warrant requirement under Birchfield.” State v. Pettijohn, 2017 Iowa Sup. LEXIS 78 (June 30, 2017):

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OH10: Flight from a Terry stop was PC for search incident

“Because appellant committed an arrestable offense when he fled from the lawful Terry stop, the search of appellant’s person following his apprehension was constitutionally reasonable as a search incident to arrest.” State v. Johnson, 2017-Ohio-5527, 2017 Ohio App. LEXIS 2583 … Continue reading

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