Category Archives: Search incident

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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CA4: Def’s admission she had cocaine in her hair permitted search incident of her car where arrested

“After finding a bag of white powder in Harrison’s hair — which she admitted to the arresting officer was cocaine — and observing a suspicious baggie and a large amount of cash in plain view, the officers had a ‘reasonable … Continue reading

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S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later

The government’s search incident theory to sustain a search of defendant’s messenger bag days after his arrest is rejected. “The fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns … Continue reading

Posted in Community caretaking function, Plain view, feel, smell, Rule 41(g) / Return of property, Search incident | Comments Off on S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later

N.D.Ala.: Court describes a protective sweep as a search incident to arrest and leaves confusion

Defendant was arrested on his porch, but one could see the bedroom from there. Officers did not have a search warrant. He requested an officer to turn off the stove. A protective sweep of the bedroom was valid. “Deputy Thomas … Continue reading

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E.D.N.Y.: Violation of NYC bicycle ordinance and evasiveness justified arrest and search incident

Violation of the NYC bicycle use ordinance justifies arrest if necessary, and defendant was riding his bike on the sidewalk. “Here, the officers’ search of Defendant was incident to the lawful stop of Defendant for a bicycle traffic infraction, that … Continue reading

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FL2: State doesn’t justify entry into motel room on any exigency after suspect’s arrest; standing raised too late

The court declines to remand for more evidence of standing when the state sat on the claim. The state’s protective sweep argument and associated search incident fails for its failure to show exigency for any entry or officer safety. The … Continue reading

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TN: There was PC for a search of the person but no exigency

There was probable cause for a search of defendant’s person, but there’s no evidence of exigency to justify it. A frisk produced no weapons, a drug dog didn’t alert on the car. Ultimately, he was made to empty his pockets, … Continue reading

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