Category Archives: Search incident

FL2: Search incident for being in a city park after hours unreasonable

A custodial arrest for being in a city park after closing time and a search incident was invalid. State law cautions against search incident for noncriminal violations. Nelson v. State, 2019 Fla. App. LEXIS 3159 (Fla. 2d DCA Mar. 1, … Continue reading

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CA6: OUI arrest justified search incident for visible beer cans

Defendant’s OUI arrest justified a search incident of the car for beer cans that were visible to the officer. United States v. Latham, 2019 U.S. App. LEXIS 4188 (6th Cir. Feb. 12, 2019). Defendant’s motion for new trial incorporates his … Continue reading

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PA: Any additional penalties for refusal to do a breath test violates Birchfield

Any additional penalties for refusal to do a breath test violates Birchfield. Commonwealth v. Monarch, 2019 Pa. LEXIS 346 (Jan. 23, 2019). Defendant was arrested with probable cause, and the search incident to his arrest provided probable cause for a … Continue reading

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D.Minn.: 1A retaliatory SW claim defeated by actual PC for the warrant as an independent source

Plaintiff’s claim that a search warrant for his house was retaliatory for First Amendment activities doesn’t overcome the fact there was independent probable cause for the warrant. Therefore, the Fourth Amendment claim fails. Fredin v. Clysdale, 2018 U.S. Dist. LEXIS … Continue reading

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OH5: Traffic stop on recalled AW still valid under GFE

A traffic stop based on a recalled warrant was still reasonable under the good faith exception of Evans and Herring. When she was arrested, her purse was subject to search incident: “Accordingly, because [her] purse was voluntarily brought outside the … Continue reading

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MA: Def’s clothes can be seized and searched for trace evidence on arrest for murder

When defendant was arrested for kidnapping and murder, exigent circumstances justified seizing and then searching defendant’s clothes for trace evidence of the crime. Commonwealth v. Parker, 2018 Mass. LEXIS 807 (Dec. 7, 2018). A dead body near defendant’s apartment with … Continue reading

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KS: Searching purse of driver taken away by ambulance from a car wreck was unreasonable

Police conducted an unreasonable warrantless search of defendant’s purse for her DL when she was taken from the scene of an accident by ambulance. No exception to the warrant requirement applies. State v. Evans, 2018 Kan. LEXIS 580 (Nov. 21, … Continue reading

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KS: Def was removed from a van and her purse left behind; it wasn’t subject to search incident

Defendant was sitting in a van when she was gotten out and then arrested. Her purse was left behind. Her purse was not subject to a search incident when she’d been handcuffed and led away. The state’s argument that inevitable … Continue reading

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IN: Backpack of arrested motorcyclist was subject to SI

Defendant was stopped on a motorcycle and had a backpack. An arrest warrant was found for defendant, and his backpack was subject to a search incident. State v. Crager, 2018 Ind. App. LEXIS 385 (Oct. 25, 2018). There was no … Continue reading

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CA5: Search incident of open envelope on person of arrestee for bank robbery was valid; it had the note

Defendant was arrested for bank robbery, and an open envelope on his person containing the bank robbery note was subject to search incident even though it was removed from him and not searched for maybe five minutes after the arrest. … Continue reading

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TX2: A tin can in hand was “associated with the person” for search incident purposes

A tin can in defendant’s hand and dropped as she was handcuffed was “associated with the person” for search incident purposes. Texas recognizes larger items may not be “associated with the person” v. smaller items more easily held. State v. … Continue reading

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ME: Def’s jacket she was sitting on when arrested was properly subject to search incident

Defendant’s jacket was still associated with her when she was arrested, and it was properly subject to a search incident even though she was handcuffed and sitting on it. The validity of the search incident, however, did not translate into … Continue reading

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