Category Archives: Search incident

CA7: Drug stakeout led to stumbling upon CP in plain view

Officers were in a park looking for a drug meet up. They incidentally noticed defendant’s car and his actions suggested he might be doing drugs. They approached him and smelled marijuana coming from the car, but he was in the … Continue reading

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NY1: Search incident of a “booster bag” at time of arrest outside a store was reasonable

Defendants were involved in store thefts with a “booster bag” where they were going into the stores and making off with stuff in bag and then transferring it to a rolling suitcase on the street. When the police observed a … Continue reading

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E.D.Cal.: No standing in a car rented under false pretenses

Defendant has no standing in a car rented under false pretenses. United States v. Anderson, 2019 U.S. Dist. LEXIS 83157 (E.D. Cal. May 17, 2019). Defendant’s arrest justified a search incident of his person. Finding bullets in his pocket justified … Continue reading

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D.Minn.: Arrest for violation of a mutual no contact order justified search incident of car at scene

Arrest for violation of a state domestic relations no contact order justified a search incident of defendant’s car at the scene because it could have contained evidence of the violation, such as a weapon. United States v. Al-Amin, 2019 U.S. … Continue reading

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D.Vt.: If the arrest is invalid, the search incident is, too

Defendant’s arrest was without probable cause, so the search incident to his arrest must be suppressed. United States v. Williams, 2019 U.S. Dist. LEXIS 58067 (D. Vt. Apr. 4, 2019).* “Here, many factors formed Detective Deshaies’s objectively reasonable basis to … Continue reading

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AZ: Probation search could reasonably include cell phone because of nature of allegations

Defendant on felony probation and subject to a warrantless search condition. It was reasonable to search his cell phone under this condition because his mother reported threats and it was possible the cell phone’s contents could corroborate it. State v. … Continue reading

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FL2: Search incident for being in a city park after hours unreasonable

A custodial arrest for being in a city park after closing time and a search incident was invalid. State law cautions against search incident for noncriminal violations. Nelson v. State, 2019 Fla. App. LEXIS 3159 (Fla. 2d DCA Mar. 1, … Continue reading

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CA6: OUI arrest justified search incident for visible beer cans

Defendant’s OUI arrest justified a search incident of the car for beer cans that were visible to the officer. United States v. Latham, 2019 U.S. App. LEXIS 4188 (6th Cir. Feb. 12, 2019). Defendant’s motion for new trial incorporates his … Continue reading

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PA: Any additional penalties for refusal to do a breath test violates Birchfield

Any additional penalties for refusal to do a breath test violates Birchfield. Commonwealth v. Monarch, 2019 Pa. LEXIS 346 (Jan. 23, 2019). Defendant was arrested with probable cause, and the search incident to his arrest provided probable cause for a … Continue reading

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D.Minn.: 1A retaliatory SW claim defeated by actual PC for the warrant as an independent source

Plaintiff’s claim that a search warrant for his house was retaliatory for First Amendment activities doesn’t overcome the fact there was independent probable cause for the warrant. Therefore, the Fourth Amendment claim fails. Fredin v. Clysdale, 2018 U.S. Dist. LEXIS … Continue reading

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OH5: Traffic stop on recalled AW still valid under GFE

A traffic stop based on a recalled warrant was still reasonable under the good faith exception of Evans and Herring. When she was arrested, her purse was subject to search incident: “Accordingly, because [her] purse was voluntarily brought outside the … Continue reading

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MA: Def’s clothes can be seized and searched for trace evidence on arrest for murder

When defendant was arrested for kidnapping and murder, exigent circumstances justified seizing and then searching defendant’s clothes for trace evidence of the crime. Commonwealth v. Parker, 2018 Mass. LEXIS 807 (Dec. 7, 2018). A dead body near defendant’s apartment with … Continue reading

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