Category Archives: Search incident

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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TX14: Bodycam video supported trial court’s findings of voluntariness of consent to search

The bodycam video supports the trial court’s conclusion that the consent to search was voluntarily given. Blue v. State, 2019 Tex. App. LEXIS 10658 (Tex. App. – Houston (14th Dist.) Dec. 10, 2019) (with a dissent). “Kelley’s only claim–a Fourth … Continue reading

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California SCt overrules prior authority: search incident of car no longer reasonable for not having DL

California overrules prior case that a search incident of a car, here the driver’s purse, was permissible for identification documents when a driver says she didn’t have a driver’s license. Meth was found in the purse. California seems to be … Continue reading

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WA: A purse and a closed pouch within are subject to search incident

Defendant was subject to a valid search incident, and that included not only her purse, but also a pouch within her purse. State v. Richards, 2019 Wash. App. LEXIS 2772 (Oct. 29, 2019). Officers saw defendant and others and ordered … Continue reading

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WA: Breath for BAC is not subject to search incident doctrine

Defendant was arrested for another reason, and police did a search incident of his breath for DUI. That’s not a proper purpose. City of Vancouver v. Kaufman, 2019 Wash. App. LEXIS 2616 (Oct. 15, 2019). The search warrant appears based … Continue reading

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W.D.Mo.: Search incident permitted for offense of walking in the street at night

Search incident for walking in the street instead of on the sidewalk was permissible and that produced keys. Alternatively, officers had reasonable suspicion for a “protective patdown” based on other factors. United States v. Cunningham, 2019 U.S. Dist. LEXIS 164331 … Continue reading

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CA9: When defendant is being “detained” and not under arrest, search incident doesn’t apply

The inventory of defendant’s vehicle violated LVMPD’s limited inventory policy, and it is found unreasonable. The government’s search incident alternative wasn’t presented to the trial court. Even assuming it was not waived, this was during a “detention” on less than … Continue reading

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FL5: Car search was justified by search incident; automobile exception finding not even appealed

Defendant’s traffic stop was justified for stopping in the crosswalk before turning on red. The search of the car was found by the trial court with probable cause and justified by the search incident doctrine and the automobile exception. Defendant … Continue reading

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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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