Category Archives: Search incident

N.D.Cal.: Failure to pursue alleged traffic violation made stop unreasonable

Defendant was stopped ostensibly for a traffic violation, and he was handcuffed and the officers literally did nothing to investigate that–they didn’t even ask for his license and registration. Despite the fact Whren says pretext doesn’t matter, that lack of … Continue reading

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TX1: Arrest on PC when standing next to vehicle justified its search incident

Defendant’s arrest for a parole violation while he was standing next to his vehicle resulted in a search of the person finding drugs, and that justified a search incident of the vehicle, too. Badyrka v. State, 2024 Tex. App. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Qualified immunity, Search incident | Comments Off on TX1: Arrest on PC when standing next to vehicle justified its search incident

CA10: City driveway shared with house next door not curtilage

A driveway shared with the house next door was not curtilage. A driveway in a city usually isn’t anyway. United States v. Vasquez, 2024 U.S. App. LEXIS 75 (10th Cir. Jan. 3, 2024). Defendant’s objection to the R&R that the … Continue reading

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Two search incidents based on containers

The district court denied suppression of the search of defendant’s backpack on him at the time of his arrest based on a 1975 case, Eatherton, post-Chimel, Robinson, and Edwards. The court finds that case was not undermined by Chadwick and … Continue reading

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CA6: Def’s getting CI’s call and driving to controlled buy and home was nexus for SW

Defendant’s being in his home when he received a call from the CI for a controlled buy and then his driving to the buy and back was sufficient nexus. United States v. Badley, 2023 U.S. App. LEXIS 33031 (6th Cir. … Continue reading

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OH7: Taking backpack of arrestee to handcuff doesn’t make it not subject to search incident

“Appellant had the bag on her back at the time the officer arrested her for obstructing official business. The officer’s removal of the bag from the arrestee in order to handcuff her did not eliminate his ability to search the … Continue reading

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D.N.M.: Greyhound’s cooperation with the DEA doesn’t give rise to a 4A cause of action against it

Just because Greyhound cooperates with the DEA in Albuquerque doesn’t mean it can be sued there under the Fourth Amendment. Fernandez v. Greyhound Lines, Inc., 2023 U.S. Dist. LEXIS 211564 (D.N.M. Nov. 28, 2023). Homeless in Los Angeles likely had … Continue reading

Posted in § 1983 / Bivens, Good faith exception, Probable cause, Reasonable expectation of privacy, Search incident | Comments Off on D.N.M.: Greyhound’s cooperation with the DEA doesn’t give rise to a 4A cause of action against it

CA7: Misuse of dealer tag justified search incident

The district court decided this vehicle search on inventory. On appeal, the court goes with search incident because the vehicle was being driven with improper dealer tags. Officer “Hobbs’s search of the glovebox incident to Travis’s arrest was proper. Evidence … Continue reading

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NC: Search incident doesn’t apply to hit-and-run; automobile exception didn’t apply to car partly submerged in ditch

Defendant was the passenger in a car owned by her parents involved in a hit-and-run that fled the scene and ended up in a ditch. The driver ran off because he said he had warrants. She gave the driver’s name. … Continue reading

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W.D.Wash.: Seizure of cell phone incident to arrest not invalid because it preceded actual arrest

Seizure of defendant’s cell phone incident to arrest wasn’t unreasonable just because it was seized before the arrest. United States v. Garg, 2023 U.S. Dist. LEXIS 183140 (W.D. Wash. Oct. 11, 2023). An extraneous name appearing in a warrant affidavit … Continue reading

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S.D.N.Y.: License plate reading “SOVEREIGN CITIZEN USC ART. SEC. 242.” was RS for stop

License plate reading “SOVEREIGN CITIZEN USC ART. SEC. 242.” was reasonable suspicion for a stop. He admitted he had a gun and the computer check showed he was a convicted felon. United States v. Craft, 2023 U.S. Dist. LEXIS 170483 … Continue reading

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TN: Moving purse from car after PC developed makes it subject to search incident

A passenger can’t defeat an automobile exception search by removing her purse after probable cause developed. Cases in other jurisdictions have held that removal before probable cause developed put it beyond search. State v. Hoffman, 2023 Tenn. Crim. App. LEXIS … Continue reading

Posted in Probable cause, Search incident, Unreasonable application / § 2254(d) | Comments Off on TN: Moving purse from car after PC developed makes it subject to search incident

NM: State had to support search incident to arrest of def’s purse at suppression hearing and didn’t

Defendant’s purse over the shoulder was not part of her person. It was removed from her and later searched incident to arrest. The state failed to support the search incident doctrine at the suppression hearing of where the purse was … Continue reading

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FL6: Search incident of backpack and fanny pack removed before stop was unreasonable

Defendant was stopped on a bicycle. His backpack and fanny pack were removed from him and placed on the hood of the police car. The search incident doctrine did not apply to them under Gant. They were out of his … Continue reading

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KY: Search incident of backpack of street drug dealer was reasonable

The search incident of defendant’s backpack during his stop and arrest for a hand-to-hand sale of synthetic marijuana was reasonable. Surveying all SCOTUS search incident cases and cases from many states, the backpack was essentially a part of his “person.” … Continue reading

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D.Nev.: Clearly established state statute doesn’t translate to clearly established constitutional law

Clearly established state statute doesn’t translate to clearly established constitutional law for § 1983 qualified immunity purposes. Brown v. Tromba, 2023 U.S. Dist. LEXIS 149020 (D. Nev. Aug. 23, 2023).* “In their reply brief the OSA Defendants cite cases concerning … Continue reading

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TX3: SI of suitcase of arrested person was reasonable

Search incident of defendant’s suitcase that came to the police station with him was reasonable when he was arrested at a motel he hadn’t checked into yet. The police didn’t know what was in there, and safety was also a … Continue reading

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NJ: Search incident at hospital 90 minutes after arrest was reasonable

Defendant was arrested for first-degree aggravated manslaughter as a result of an accident after he injected himself with fentanyl-laced heroin. He was under arrest at the scene, but he wasn’t actually searched until he was in the hospital. The search … Continue reading

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MA: Driveway used for parking is not curtilage when car visible to all

Defendant’s vehicle was not parked within the curtilage of his home. The officer’s observations of the vehicle did not constitute a search under the Fourth Amendment or the Mass. Const. Decl. Rights art. 14. Defendant’s house was set back from … Continue reading

Posted in § 1983 / Bivens, Curtilage, Informant hearsay, Search incident | Comments Off on MA: Driveway used for parking is not curtilage when car visible to all

MD reiterates search incident doctrine

Maryland reiterates search incident. “Considering these cases together, a clearer picture of the search incident to arrest exception emerges. Pacheco reminds us that, for the exception to apply, there must first exist probable cause to arrest before conducting the search. … Continue reading

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