Category Archives: Search incident

D.Mass.: Park ranger’s arrest of def outside park wasn’t 4A violation, even if statute violated

“Ruiz argues that, because Carozzi lacked the statutory authority to arrest him outside the park, the arrest violated his Fourth Amendment rights, and therefore all evidence collected subsequent to his arrest (i.e., the breathalyzer results) must be suppressed. In the … Continue reading

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NY2: Franks claim has to be fully developed; it’s more than just a false statement

Franks claim fails for failure to show how the alleged false statements undermined the probable cause. “The defendant failed to meet his burden of controverting the warrant, as he failed to analyze, must less establish, that after the excise of … Continue reading

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DC: Gant search incident for open containers did not permit search of a small plastic box

A Gant search incident of a vehicle authorized for open containers of alcohol didn’t permit a more intense search of a plastic “otter box” finding PCP. Smith v. United States, 2022 D.C. App. LEXIS 326 (Sep. 29, 2022). The state … Continue reading

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CA1: Road rage incident day before justified search incident of car for weapon involved

Defendant was driving a white Corvette and he allegedly was involved in a road rage incident with occupants of a landscaping truck where he flashed a gun. An APB was put out for him, and he was stopped the next … Continue reading

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CT: Blood draw by nurse at hospital was not 4A search

The taking of a blood sample by a nurse at a hospital is not a Fourth Amendment search. State v. Ragalis, 2022 Conn. Super. LEXIS 2025 (New Britain Sept. 8, 2022). Custody under Miranda is not the same as a … Continue reading

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N.D.Ohio: PC showing raises the inference a cell phone was involved in crime for SW

“The affidavit also attempts to establish the link between the use of cell phones and the drug trafficking under investigation. Metzger’s warning to McFaul on social media, which presumably was accomplished through the use of an electronic device like a … Continue reading

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D.Minn.: Police delay in responding to 911 call in part belied exigency

There no longer was exigency, in part here from the police delay in responding to 911 call, and what was observed was innocuous. No exigency on the totality. Cotten v. Miller, 2022 U.S. Dist. LEXIS 139360 (D. Minn. Aug. 5, … Continue reading

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N.D.Ohio: Small closed container in a gun case was properly searched incident to arrest

Officers entered the home on an arrest warrant and consent. Inside, they saw a gun case. A search of a small closed container in the gun case was reasonable incident to arrest. If it was in a dresser drawer or … Continue reading

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CA9: Having handgun in open carry state not RS without more

Washington is an open carry state, and the allegation defendant had a weapon on him was insufficient for a stop without some showing he was a danger to others per state law. United States v. Willy, 2022 U.S. App. LEXIS … Continue reading

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WI: Search incident for shoplifting permitted search of small canister on keychain

Defendant was arrested for shoplifting, and, on her arrest, a search incident of a small canister attached to her keychain was reasonable, despite it being so small no evidence of theft would be there. State v. Meisenhelder, 2022 Wisc. App. … Continue reading

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CA8: Shoplifting arrest supported search incident of backpack; inevitable anyway

The search of defendant’s backpack incident to a shoplifting arrest produced a firearm. Even if the search incident wasn’t proper, it was inevitable the backpack would be inventoried at the jail.United States v. Trogdon, 2022 U.S. App. LEXIS 15860 (8th … Continue reading

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OH2: Warrant found during traffic stop justified search of person

Defendant was stopped for a traffic offense, and a warrant surfaced. That justified a search incident of his person. State v. Fleming, 2022-Ohio-1876, 2022 Ohio App. LEXIS 1749 (2d Dist. June 3, 2022). Plaintiff’s claim on appeal that probable cause … Continue reading

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E.D.Tenn.: Finding ammo not matching seized firearm justifies further search

Officers finding ammunition from a different caliber gun than the one found justifies a further search. United States v. Berry, 2022 U.S. Dist. LEXIS 98684 (E.D.Tenn. May 3, 2022), adopted, 2022 U.S. Dist. LEXIS 98639 (E.D.Tenn. June 2, 2022). Plaintiff’s … Continue reading

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S.D.Ohio: Attempted search incident well after arrest when duffle bag was away from def was not “incident to arrest”; govt overspinned the facts

The officer lacked exigency for a warrantless entry to arrest. Defendant put his duffle bag outside a second story window on the roof to conceal it. It was not abandoned because the public didn’t have access to it. All he … Continue reading

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CA7: There is no “one-frisk-only rule”

“‘[A] one-frisk-only rule would create a privacy-adverse Fourth Amendment incentive’ for officers to perform ‘the most intrusive frisk possible the first time around, knowing that no more would be allowed.’” Here, there was reasonable suspicion for both frisks. United States … Continue reading

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OR: A metal box next to def when stopped was subject to search incident here

Even under Oregon’s restrictive search incident doctrine, the search of a metal box next to defendant was reasonable. She was suspected of stealing from a Salvation Army donations trailer when she was stopped. Practically anything in her vehicle looked like … Continue reading

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OR: Officer’s conclusion def violated traffic law here not reasonable

The officer’s conclusion defendant violated a traffic law here wasn’t a reasonable conclusion, and the motion to suppress should have been granted. State v. Brown, 318 Ore. App. 713, 2022 Ore. App. LEXIS 585 (Apr. 6, 2022). A named CI’s … Continue reading

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CA2: Hand-to-hand transaction supports search incident

Hand-to-hand transaction as probable cause supports search incident to arrest. United States v. Campbell, 2022 U.S. App. LEXIS 6060 (2d Cir. Mar. 9, 2022). This is a prison employee drug testing case. The employee left the premises rather than submit … Continue reading

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CA4: Search incident of bag unreasonable where def handcuffed behind back and face down

Search of defendant’s bag when he was handcuffed behind his back and lying face down was unreasonable because it was unreachable. United States v. Buster, 2022 U.S. App. LEXIS 4747 (4th Cir. Feb. 22, 2022). When omitted information is relied … Continue reading

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E.D.Mich.: Officers’ versions of arrest and search show two valid versions of why it was valid

The two officers involved in defendant’s stop and search of his person and car had somewhat different versions of what happened. Under either, the search of his person and car were both reasonable. Defendant had no DL which was an … Continue reading

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