Category Archives: Search incident

KS: Def was removed from a van and her purse left behind; it wasn’t subject to search incident

Defendant was sitting in a van when she was gotten out and then arrested. Her purse was left behind. Her purse was not subject to a search incident when she’d been handcuffed and led away. The state’s argument that inevitable … Continue reading

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IN: Backpack of arrested motorcyclist was subject to SI

Defendant was stopped on a motorcycle and had a backpack. An arrest warrant was found for defendant, and his backpack was subject to a search incident. State v. Crager, 2018 Ind. App. LEXIS 385 (Oct. 25, 2018). There was no … Continue reading

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CA5: Search incident of open envelope on person of arrestee for bank robbery was valid; it had the note

Defendant was arrested for bank robbery, and an open envelope on his person containing the bank robbery note was subject to search incident even though it was removed from him and not searched for maybe five minutes after the arrest. … Continue reading

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TX2: A tin can in hand was “associated with the person” for search incident purposes

A tin can in defendant’s hand and dropped as she was handcuffed was “associated with the person” for search incident purposes. Texas recognizes larger items may not be “associated with the person” v. smaller items more easily held. State v. … Continue reading

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ME: Def’s jacket she was sitting on when arrested was properly subject to search incident

Defendant’s jacket was still associated with her when she was arrested, and it was properly subject to a search incident even though she was handcuffed and sitting on it. The validity of the search incident, however, did not translate into … Continue reading

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E.D.Va.: When officer takes your license to run it, you’re seized

“Officer Myers’ instruction to ‘hang tight’ while he ran Defendant’s driver’s license [and had it in hand], would lead a reasonable person in Defendant’s shoes not to feel free to leave. Thus, the consensual encounter became a seizure under the … Continue reading

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TN: Seizure of a cell phone incident to arrest is provided for in Riley; search still requires warrant

Defendant’s cell phone was properly seized incident to his arrest, as contemplated by Riley. It was not searched until a search warrant was obtained. State v. Wade, 2018 Tenn. Crim. App. LEXIS 523 (July 13, 2018). The search warrant for … Continue reading

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E.D.Mich.: Gant didn’t bar a plain view of the interior of def’s car when he was handcuffed on ground

Defendant was arrested for drug dealing, and he was handcuffed on the ground near the car. The search of the car here was based on seeing a gun in the car in plain view, so Gant doesn’t bar the search. … Continue reading

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E.D.N.Y.: Def’s search incident of his backpack for fraudulent use of a Metrocard was valid at least on GFE and inevitable discovery

Defendant was stopped for using a school student’s Metrocard to get on the NYC subway because he looked and was a so older. His backpacked was removed, and he was handcuffed. His backpack was searched incident to his arrest. The … Continue reading

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OH7: Driving on a suspended license doesn’t justify search incident of the car

Driving on a suspended license does not justify a search incident of his vehicle. Even worse, however, there was no justification for the arrest anyway. He was interrogated while handcuffed and admitted that there was heroin in his shoe. There … Continue reading

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TX1: Search incident and inventory invalid for failing to signal; as to inventory, the inventorying officer is a necessary witness

A drug officer called a patrol officer to stop defendant. After he failed to promptly signal a turn, he was stopped, handcuffed, and his car was searched. “The search of Appellant’s vehicle incident to his arrest for failing to signal … Continue reading

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LA5: A micro data storage card in defendant’s watch pocket could be seized incident to arrest

A micro data storage card in defendant’s watch pocket could be seized incident to arrest. It was then searched with a warrant. The informant was a victim, and thus didn’t need to be corroborated. “Knocking on a door does not … Continue reading

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