Category Archives: Search incident

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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CA10: GFE applied to cell phone SW in KS where phone was actually searched in MO

Search incident did not justify seizure of defendant’s cell phone when he was arrested because he’d been separated from the cell phone. The government’s claim that officers seizing the cell phone were proceeding under “direction of” defendant’s PO is rejected … Continue reading

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MN: Shoplifter placed stuff in her purse, and that made it subject to search incident

Defendant was observed shoplifting and put the allegedly stolen item into her purse. Outside, a struggle ensued, and defendant handed her purse off to another. It was subject to search incident because it was evidence [and an instrumentality] of the … Continue reading

Posted in Cell site location information, Search incident | Comments Off on MN: Shoplifter placed stuff in her purse, and that made it subject to search incident

SD: Search incident doctrine doesn’t apply to driver’s urine samples

A urine sample can’t be taken from a suspect incident to an arrest. Nothing about the search incident doctrine of officer safety and destruction of evidence applies to urine samples. State v. Lar, 2018 SD 18, 2018 S.D. LEXIS 26 … Continue reading

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D.Kan.: Search of a small container on a key chain was reasonable as search incident

“Here, the officers’ search of the container attached to Mr. Nichols’s keys was within the time, control, and place constraints for the search of an arrestee’s personal property incident to arrest. Mr. Nichols had the keychain in his exclusive control … Continue reading

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D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

Defendant’s arrest led to a search incident of luggage, but he was handcuffed and in a police car. So, the search incident doctrine can’t apply, but an inventory would have inevitably occurred, so that provides an independent basis for the … Continue reading

Posted in Independent source, Private search, Reasonable suspicion, Search incident, Seizure | Comments Off on D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

S.D.Ind.: SI of duffle bag at feet of handcuffed suspect reasonable when he wouldn’t answer questions about having gun

Search incident of defendant’s duffle bag was reasonable because, while handcuffed, his hands were relatively mobile around his waist and he refused to answer questions about whether he had a gun. United States v. Veach, 2017 U.S. Dist. LEXIS 209971 … Continue reading

Posted in Informant hearsay, Search incident | Comments Off on S.D.Ind.: SI of duffle bag at feet of handcuffed suspect reasonable when he wouldn’t answer questions about having gun

D.N.M.: A habeas claim the state court was wrong on the 4A issue isn’t grounds for relief

Petitioner’s argument “the state courts failed to apply a colorable application of the correct Fourth Amendment constitutional standards,” a “bold claim,” doesn’t overcome the Stone v. Powell bar. He did in fact litigate the Fourth Amendment claim in the state … Continue reading

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MA: Search of vehicle outside territorial jurisdiction of officers was void; inevitable discovery rejected

The informant hearsay satisfied Aguilar-Spinneli and thus showed probable cause. The search incident of defendant’s person was thus justified. The search of a car in an adjoining town was unreasonable because there was no statutory authorization for it under state … Continue reading

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E.D.Mich.: Police officer’s presence at repossession doesn’t make it state action

A police officer’s presence at the scene of a vehicle repossession doesn’t turn an otherwise private action into a Fourth Amendment seizure. King v. Blackhawk Recovery & Investigations, LLC, 2017 U.S. Dist. LEXIS 198373 (E.D. Mich. Dec. 3, 2017). “As … Continue reading

Posted in § 1983 / Bivens, Search incident | Comments Off on E.D.Mich.: Police officer’s presence at repossession doesn’t make it state action

MD: With decrim of <10 g. MJ, officer doesn't have to be absolutely sure of quantity to have PC

“Despite the decriminalization of possession of less than ten grams of marijuana, a law enforcement officer who has reason to believe that an individual is in possession of marijuana has probable cause to effectuate an arrest, even if the officer … Continue reading

Posted in Probable cause, Search incident | Comments Off on MD: With decrim of <10 g. MJ, officer doesn't have to be absolutely sure of quantity to have PC