Category Archives: Search incident

IL: Even if def had a MMJ card, there was PC because loose bud showed it wasn’t in its container

Even if the officer presumed defendant was in legal possession of cannabis pursuant to Illinois MMJ Act, the facts established probable cause that evidence of a crime was in the vehicle. The officer saw a loose “bud” in the backseat … Continue reading

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NJ: GSR subject to search incident

Swabbing defendant’s hands for GSR at the police station shortly after arrest was valid as a search incident. The detectives called the assistant state’s attorney on duty, and he advised that they didn’t need a warrant because of the ready … Continue reading

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E.D.Ky.: Def’s jacket was subject to search incident even though he was handcuffed and couldn’t reach it

Defendant’s jacket was subject to search incident, and his handcuffing didn’t eliminate the officer’s ability to do so. United States v. Certain, 2020 U.S. Dist. LEXIS 42273 (E.D. Ky. Mar. 11, 2020), adopting, 2020 U.S. Dist. LEXIS 44077 (E.D. Ky. … Continue reading

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OR: PC backpack contained evidence of theft; search incident permitted despite it being dropped over fence when police approached

Defendant was carrying a backpack that police had good reason to believe contained evidence of a theft. When the police came up, the backpack was tossed over a fence but was nearby. Dropping the backpack over the fence did not … Continue reading

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CA2: SI of backpack for a subway fare violation was unreasonable, but a search was inevitable as inventory

Defendant was arrested by NYPD for using a student fare MetroCard, and a computer search showed he was a transit recidivist. His backpack was searched. While it was an invalid search incident, he was taken to the precinct house and … Continue reading

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D.Mass.: Def’s car was towed and inventoried, but searching his backpack was unreasonable when he wasn’t arrested

Defendant’s vehicle was being towed because he was an unlicensed driver, and he wasn’t being arrested. He could accompany the vehicle. The officer inventoried the car and then searched his backpack. The backpack search wasn’t reasonable because he wasn’t being … Continue reading

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S.D.Ga.: Search incident of def’s room on his arrest was valid even though he’d just been removed

The search incident of defendant’s room was valid because it occurred shortly after his arrest when he was still there, despite his being handcuffed which doesn’t per se make a search incident invalid. “Because defendant failed to allege facts which, … Continue reading

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D.Mont.: “he’s not fucking here—go fucking look” was consent to enter

The government met its burden of proof that defendants consented to entry into their house to look for a wanted man by their saying “he’s not fucking here—go fucking look” and “he’s not fucking in there—go ahead.” United States v. … Continue reading

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D.Mont.: Def was arrested for DUI; so, already detained, a dog sniff wasn’t unreasonable

Defendant was arrested for DUI, and the court finds, based on United States v. Hunnicutt, 135 F.3d 1345, 1350 (10th Cir. 1998), that “detention of the driver at the scene to accomplish a canine sniff is generally reasonable where the … Continue reading

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W.D.Ky.: An open container doesn’t permit a search of an entire car under automobile exception or search incident

An open container in a car doesn’t grant the police the authority to search the entire vehicle for another open container. It is implausible to believe that another would be found outside of the passenger compartment. United States v. Thomas, … Continue reading

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VA: Search of speeder’s purse violated Gant and denied sovereign immunity

Plaintiff was arrested and in handcuffs in a police car for speeding. The officer searched her purse in the car, and all this was post-Gant and no evidence of speeding would be found in the purse. This was beyond mere … Continue reading

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E.D.Mo.: FIPF arrest justifies search incident

Defendant’s arrest for being a felon in possession justified his search incident. United States v. Westfall, 2019 U.S. Dist. LEXIS 217329 (E.D. Mo. Dec. 18, 2019).* Defendant’s detention was without reasonable suspicion and unreasonably extended. A probation officer was working … Continue reading

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