Category Archives: Search incident

California SCt overrules prior authority: search incident of car no longer reasonable for not having DL

California overrules prior case that a search incident of a car, here the driver’s purse, was permissible for identification documents when a driver says she didn’t have a driver’s license. Meth was found in the purse. California seems to be … Continue reading

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WA: A purse and a closed pouch within are subject to search incident

Defendant was subject to a valid search incident, and that included not only her purse, but also a pouch within her purse. State v. Richards, 2019 Wash. App. LEXIS 2772 (Oct. 29, 2019). Officers saw defendant and others and ordered … Continue reading

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WA: Breath for BAC is not subject to search incident doctrine

Defendant was arrested for another reason, and police did a search incident of his breath for DUI. That’s not a proper purpose. City of Vancouver v. Kaufman, 2019 Wash. App. LEXIS 2616 (Oct. 15, 2019). The search warrant appears based … Continue reading

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W.D.Mo.: Search incident permitted for offense of walking in the street at night

Search incident for walking in the street instead of on the sidewalk was permissible and that produced keys. Alternatively, officers had reasonable suspicion for a “protective patdown” based on other factors. United States v. Cunningham, 2019 U.S. Dist. LEXIS 164331 … Continue reading

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CA9: When defendant is being “detained” and not under arrest, search incident doesn’t apply

The inventory of defendant’s vehicle violated LVMPD’s limited inventory policy, and it is found unreasonable. The government’s search incident alternative wasn’t presented to the trial court. Even assuming it was not waived, this was during a “detention” on less than … Continue reading

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FL5: Car search was justified by search incident; automobile exception finding not even appealed

Defendant’s traffic stop was justified for stopping in the crosswalk before turning on red. The search of the car was found by the trial court with probable cause and justified by the search incident doctrine and the automobile exception. Defendant … Continue reading

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SD: Def’s search issue on appeal wasn’t presented to the trial court, so it’s waived

Defendant’s claim that evidence discovering during a traffic stop had to be suppressed because the duration of the stop was unlawful was waived because he failed to advance that argument before the trial court. State v. Willingham, 2019 SD 55, … Continue reading

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Iowa this week

A traffic stop can be based on probable cause or reasonable suspicion of a traffic violation. The trial court credited that the officer believed a headlight was out, and the evidence supports that conclusion. State v. White, 2019 Iowa App. … Continue reading

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MO: Search incident of item taken off def’s person could happen 30 min after arrest

Defense counsel wasn’t ineffective for not moving to suppress the search of a cigarette pack removed from defendant’s person at the time of his arrest but searched 30 minutes later. It was still subject to the search incident doctrine. Greene … Continue reading

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CA8: Stop lacked RS, but the finding of a warrant on def was attenuation under Strieff and search incident was valid

Defendant was known to the officer and directed to stay away from a bus shelter. He was found there and the officer accosted him. The district court found reasonable suspicion to support the seizure of a firearm from his person. … Continue reading

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DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA

The state’s search warrant for defendant’s DNA has zero nexus to the murder he was being investigated for on a gun. The state’s alternative argument that DNA can be collected by the search incident doctrine 11 hours later is rejected. … Continue reading

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E.D.Tenn.: Automobile exception permits search of locked box inside vehicle

With probable cause to believe that a vehicle has evidence in it, the automobile exception allows entry into a locked container (here a locked box) inside the vehicle. Also, a police officer following a car is not a seizure. United … Continue reading

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