Category Archives: Search incident

GA: Search incident to arrest without PC is suppressed

The trial court did not apply the beyond a reasonable doubt standard to the search, contrary to the state’s argument. It did apply the preponderance standard, and the record supports its finding that the state failed to show probable cause … Continue reading

Posted in Arrest or entry on arrest, Cell site location information, Search incident | Comments Off on GA: Search incident to arrest without PC is suppressed

M.D.Fla.: Borrower of a rental car with a suspended DL has no standing

“Because the Eleventh Circuit has not yet addressed this issue, the Court has carefully considered the reasoning of the Lyle and Bettis cases and concludes, in line with the Second Circuit, that the unlicensed driver of a rental car should … Continue reading

Posted in Search incident, Standing | Comments Off on M.D.Fla.: Borrower of a rental car with a suspended DL has no standing

D.D.C.: Search of def’s fanny pack wasn’t valid as search incident, but it was valid because he disclaimed it

Defendant’s front license plate being on the dashboard and not affixed to the car was a traffic offense that justified his stop. “Perhaps Giles recognizes that there was probable cause to arrest him after he refused to pull over and … Continue reading

Posted in Abandonment, Search incident, Stop and frisk | Comments Off on D.D.C.: Search of def’s fanny pack wasn’t valid as search incident, but it was valid because he disclaimed it

CA4: Seizure of firearm was inevitable; def would have been arrested for DUI and searched incident to arrest anyway

“[W]e conclude that the district court did not err in crediting the arresting officer’s testimony and finding that the arresting officer had probable cause to arrest Herman for driving under the influence. We further conclude that the district court did … Continue reading

Posted in Plain view, feel, smell, Search incident | Comments Off on CA4: Seizure of firearm was inevitable; def would have been arrested for DUI and searched incident to arrest anyway

N.-M.: Search incident of gym bag valid as incident to arrest when def asked for the bag to be transported with him

Defendant was assigned to Anchorage as a Marine recruiter and ended up being charged with sexual assault. On his arrest by the APD, the search incident of defendant’s gym bag for weapons incident to his arrest was valid. He asked … Continue reading

Posted in Search incident | Comments Off on N.-M.: Search incident of gym bag valid as incident to arrest when def asked for the bag to be transported with him

CA5: Vehicle in hit-and-run could be seized as “instrumentality of crime”

Plaintiff’s car could be seized on an apartment building parking lot as an “instrumentality of crime” when it had been involved in a hit-and-run. (Neither party cites what the court thinks is a case in point, which it follows.) Rountree … Continue reading

Posted in Consent, Reasonableness, Search incident, Seizure | Comments Off on CA5: Vehicle in hit-and-run could be seized as “instrumentality of crime”

TX: Suitcase with def in airport arrest was subject to search incident

Defendant was arrested in the San Antonio airport, and his luggage came with him to airport jail. The suitcase as a “receptacle must inevitably accompany him into custody, a warrantless search of that receptacle at or near the time of … Continue reading

Posted in Search incident | Comments Off on TX: Suitcase with def in airport arrest was subject to search incident

CA5: Search for ptf’s ID was reasonable when she refused to ID self and was charged with obstruction

The search of plaintiff’s wallet for her ID was reasonable when she refused to identify herself when stalled on an interstate highway. A search of the car for her wallet and then the search of the wallet was thus reasonable … Continue reading

Posted in Prison and jail searches, Search incident | Comments Off on CA5: Search for ptf’s ID was reasonable when she refused to ID self and was charged with obstruction

TX7: Trial court’s initially misstating burden of proof was on def was corrected in the ultimate findings

The trial court first stated that the burden on consent was on the defendant, but the ultimate findings of fact and conclusions of law concluded that the state proved it by sufficient evidence. This corrected the previous mistake, and the … Continue reading

Posted in Automobile exception, Plain view, feel, smell, Search incident, Standards of review | Comments Off on TX7: Trial court’s initially misstating burden of proof was on def was corrected in the ultimate findings

E.D.Cal.: SI for a bicycle riding infraction is unjustified

Defendant was lawfully stopped for riding his bicycle on the sidewalk over a bridge, but it was only an infraction and a search incident was unreasonable. United States v. Harris, 2020 U.S. Dist. LEXIS 145000 (E.D. Cal. Aug. 12, 2020). … Continue reading

Posted in Search incident, Stop and frisk | Comments Off on E.D.Cal.: SI for a bicycle riding infraction is unjustified

CA11: SI of notebook in def’s purse was reasonable without PC as to it

A notebook in defendant’s purse was properly searched incident to her arrest, even without probable cause it contained evidence. United States v. Ouedraogo, 2020 U.S. App. LEXIS 25519 (11th Cir. Aug. 12, 2020):

Posted in Search incident | Comments Off on CA11: SI of notebook in def’s purse was reasonable without PC as to it

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

Posted in Nexus, Search incident | Comments Off on NY2: Arrest for burglary justifies SI of backpack

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

Posted in Plain view, feel, smell, Search incident | Comments Off on D.Ariz.: Alleged Brady material found two years after SW wouldn’t change SW outcome

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

Posted in Reasonable suspicion, Search incident | Comments Off on WI: OUI justifies Gant search incident of vehicle based at least on RS evidence might be found

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

Posted in Ineffective assistance, Search incident | Comments Off on E.D.Mo.: Search incident of backpack cut off handcuffed def was still proper

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

Posted in Good faith exception, Reasonableness, Search incident | Comments Off on AR: No abuse of discretion in not forcing state to disclose that which it couldn’t get from HBO camera crew being at search