Category Archives: Search incident

CA8: Stop lacked RS, but the finding of a warrant on def was attenuation under Strieff and search incident was valid

Defendant was known to the officer and directed to stay away from a bus shelter. He was found there and the officer accosted him. The district court found reasonable suspicion to support the seizure of a firearm from his person. … Continue reading

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DE: No nexus for def’s DNA to murder; search incident can’t be used to take DNA

The state’s search warrant for defendant’s DNA has zero nexus to the murder he was being investigated for on a gun. The state’s alternative argument that DNA can be collected by the search incident doctrine 11 hours later is rejected. … Continue reading

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E.D.Tenn.: Automobile exception permits search of locked box inside vehicle

With probable cause to believe that a vehicle has evidence in it, the automobile exception allows entry into a locked container (here a locked box) inside the vehicle. Also, a police officer following a car is not a seizure. United … Continue reading

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CA4: Def’s admission she had cocaine in her hair permitted search incident of her car where arrested

“After finding a bag of white powder in Harrison’s hair — which she admitted to the arresting officer was cocaine — and observing a suspicious baggie and a large amount of cash in plain view, the officers had a ‘reasonable … Continue reading

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S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later

The government’s search incident theory to sustain a search of defendant’s messenger bag days after his arrest is rejected. “The fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns … Continue reading

Posted in Community caretaking function, Plain view, feel, smell, Rule 41(g) / Return of property, Search incident | Comments Off on S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later

N.D.Ala.: Court describes a protective sweep as a search incident to arrest and leaves confusion

Defendant was arrested on his porch, but one could see the bedroom from there. Officers did not have a search warrant. He requested an officer to turn off the stove. A protective sweep of the bedroom was valid. “Deputy Thomas … Continue reading

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E.D.N.Y.: Violation of NYC bicycle ordinance and evasiveness justified arrest and search incident

Violation of the NYC bicycle use ordinance justifies arrest if necessary, and defendant was riding his bike on the sidewalk. “Here, the officers’ search of Defendant was incident to the lawful stop of Defendant for a bicycle traffic infraction, that … Continue reading

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FL2: State doesn’t justify entry into motel room on any exigency after suspect’s arrest; standing raised too late

The court declines to remand for more evidence of standing when the state sat on the claim. The state’s protective sweep argument and associated search incident fails for its failure to show exigency for any entry or officer safety. The … Continue reading

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TN: There was PC for a search of the person but no exigency

There was probable cause for a search of defendant’s person, but there’s no evidence of exigency to justify it. A frisk produced no weapons, a drug dog didn’t alert on the car. Ultimately, he was made to empty his pockets, … Continue reading

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N.D.Ill.: Moving place of search of belongings away from alley where def was arrested to inside wasn’t unreasonable

Officers had a warrant for defendant’s person and belongings. It wasn’t unreasonable to move the place of the search from the alley where he was arrested inside, even as a search incident. United States v. Sanchez, 2019 U.S. Dist. LEXIS … Continue reading

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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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