Category Archives: Search incident

NY2: Arrest for burglary justifies SI of backpack

Defendant’s arrest for burglary, a violent crime, and his uncooperativeness justified a search incident of his backpack for possible weapons. People v. Mabry, 2020 NY Slip Op 03540, 2020 N.Y. App. Div. LEXIS 3583 (2d Dept. June 24, 2020). There … Continue reading

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D.Ariz.: Alleged Brady material found two years after SW wouldn’t change SW outcome

Alleged Brady material found two years after the search warrant in this case would not have changed the outcome of the search issue. United States v. Vandyck, 2020 U.S. Dist. LEXIS 101842 (D. Ariz. June 10, 2020). The officer was … Continue reading

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WI: OUI justifies Gant search incident of vehicle based at least on RS evidence might be found

Arrest for OUI permits a search incident of the interior of defendant’s car for evidence of the offense under Gant based at least on reasonable suspicion. “[P1] We review a decision of the court of appeals affirming the circuit court … Continue reading

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E.D.Mo.: Search incident of backpack cut off handcuffed def was still proper

“In the instant case, as in Perdoma, even though Hill was handcuffed at the time of the search, the circumstances leading up to the search justified the warrantless search. Hill, the subject of a valid arrest warrant, appeared to be … Continue reading

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AR: No abuse of discretion in not forcing state to disclose that which it couldn’t get from HBO camera crew being at search

An HBO crew was present at the drug raid here while filming “Meth Storm.”The prosecutor didn’t know about it until the eve of trial, and he sought to get the video and couldn’t, and he disclosed to the defense. The … Continue reading

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E.D.Wis.: Open container in car justified search

An open container violation is an offense justifying a search of a vehicle for more. United States v. Hoskins, 2020 U.S. Dist. LEXIS 90256 (E.D. Wis. May 22, 2020).* The stop reached the level of reasonable suspicion before dispatch responded, … Continue reading

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LA1: Claim probation violation warrant lacked justification that led to search incident has to be argued on appeal

Defendant claimed his probation violation arrest warrant was defective and then argued the search incident to his arrest was thus invalid. On appeal, he doesn’t argue the validity of the arrest warrant, so the argument is waived. State v. Anglin, … Continue reading

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CA11: Possible ruse mentioned by officer came after consent already granted

Any ruse to get consent to search defendant’s bags after TSA was done with them came after consent was given and wasn’t considered. United States v. Benjamin, 2020 U.S. App. LEXIS 14755 (11th Cir. May 8, 2020). Defendant was lawfully … Continue reading

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E.D.Pa.: Holding def’s computer for 6 hrs to get SW after he revoked consent was reasonable

Defendant at first consented to the government holding and then searching his cell phone and laptop. The next day he revoked his consent on the computer. The government continued to hold the laptop to preserve evidence and got a search … Continue reading

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OH9: Possession of <100g MJ is a nonarrestable offense, so a search incident was unreasonable

Possession of <100g marijuana is a nonarrestable offense, so a search incident was unreasonable. State v. R.L., 2020-Ohio-2811, 2020 Ohio App. LEXIS 1774 (9th Dist. May 6, 2020). Without a motion to suppress, there’s no vehicle for development of a … Continue reading

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MO: Search incident of a McDonald’s sack in a car for shoplifting a sweatshirt was unreasonable

Defendant was stopped in a shopping center parking lot for suspicion of shoplifting a sweatshirt. He consented to a frisk of his person and car, and nothing was found. Another officer arrived, and he was de facto arrested. A search … Continue reading

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E.D.Ky.: Fire chief could consent to search of dept. owned laptop in possession of a Lt. (his son)

Defendant was a lieutenant in the fire department, and his father was the chief. He was using a city owned laptop. After he was arrested for exposing himself in a Walmart bathroom, dad had the apparent and actual authority to … Continue reading

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CA4: Search incident of backpack of handcuffed def still reasonable

Despite his being handcuffed, a search incident of defendant’s backpack was reasonable because he could still try to access it. (First holding was abandonment for disavowing the backpack). United States v. Ferebee, 2020 U.S. App. LEXIS 12940 (4th Cir. Apr. … Continue reading

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CA3: Police in pursuit of a shooting suspect crossed into def’s backyard; plain view of drugs sustained

Police were in pursuit of a shooting suspect and went into defendant’s back yard. Drugs in plain view could be seized. Levys v. Shamlin, 2020 U.S. App. LEXIS 13267 (3d Cir. Apr. 24, 2020). An open container stop permits a … Continue reading

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OH2: Excessive force in stop-and-frisk was unreasonable

Use of excessive bodily force for a stop-and-frisk by lifting defendant into a wall was unreasonable where defendant did nothing to justify it. That required suppressing the stop. State v. Johnson, 2020-Ohio-2742, 2020 Ohio App. LEXIS 1707 (2d Dist. May … Continue reading

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FL2: Search incident of backpack for being in park after hours invalid

Defendant was stopped for sitting in a park with his bicycle after hours, a violation of a county ordinance. The search incident of his backpack for this offense violated the Florida Constitution. Booker v. State, 2020 Fla. App. LEXIS 5718 … Continue reading

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