Category Archives: Search incident

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

Posted in Consent, Search incident | Comments Off on D.N.M.: A habeas claim the state court was wrong on the 4A issue isn’t grounds for relief

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

Posted in Burden of proof, Reasonableness, Search incident | Comments Off on MA: Search of vehicle outside territorial jurisdiction of officers was void; inevitable discovery rejected

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

TX13: Search incident can occur before formal arrest as long as both are justified

Search incident can occur before formal arrest as long as both are justified. Hill v. State, 2017 Tex. App. LEXIS 10749 (Tex. App. – Corpus Christi – Edinburg, Nov. 16, 2017) (memorandum).* Appellant’s claims that VA attorneys hacked her computer … Continue reading

Posted in Arrest or entry on arrest, Search incident | Comments Off on TX13: Search incident can occur before formal arrest as long as both are justified

LA: Search incident can occur before formal arrest

The trial court denied the motion to suppress and the court of appeals reversed. When defendant’s name came back as having a warrant, the fact the search occurred before the formal arrest doesn’t matter. State v. Owens, 2017 La. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Search incident | Comments Off on LA: Search incident can occur before formal arrest

NM: Backpack on def when he was arrested was subject to inventory even though he was separated from it when searched

Defendant’s backpack was on him when arrested, and it was still subject to police inventory for all the policies of inventory. State v. Davis, 2017 N.M. LEXIS 86 (Nov. 9, 2017), revg, 2016-NMCA-073, 387 P.3d 274 (posted here):

Posted in Inventory, Search incident | Comments Off on NM: Backpack on def when he was arrested was subject to inventory even though he was separated from it when searched

OH3: Search incident under Gant isn’t automatic in a DUI arrest; more indicators required

OVI (DUI) is not an offense where there is per se evidence to be found in the vehicle by search incident under Gant (or the automobile exception). Something more than just the offense is required to use the stop to … Continue reading

Posted in Automobile exception, Inventory, Search incident | Comments Off on OH3: Search incident under Gant isn’t automatic in a DUI arrest; more indicators required

MO: SI of bag with def was valid because, although handcuffed, he wasn’t yet in the patrol car

Search incident of a bag associated with defendant was valid here because defendant wasn’t handcuffed and inside a patrol car. Instead, he was handcuffed and outside the patrol car, and, of course, that’s a big difference. State v. Hughes, 2017 … Continue reading

Posted in Search incident | Comments Off on MO: SI of bag with def was valid because, although handcuffed, he wasn’t yet in the patrol car

CA6: Search incident permitted for arrest on parole absconder warrant

Search incident to arrest is proper on an arrest on parole absconder warrant. Witzke v. Bradley, 2016 U.S. App. LEXIS 23965 (6th Cir. Dec. 30, 2016). The officer developed reasonable suspicion to continue the stop to bring in the drug … Continue reading

Posted in Probation / Parole search, Search incident | Comments Off on CA6: Search incident permitted for arrest on parole absconder warrant