Category Archives: Search incident

WV: GSR removal subject to search incident–no SW required

Taking gunshot residue without a warrant incident to arrest is reasonable because it disappears so fast. [The court analogizes blood alcohol, but GSR can disappear easily within minutes, simply by putting one’s hands in pockets or rubbing hands together.] State … Continue reading

Posted in Plain view, feel, smell, Search incident | Comments Off

W.D.Pa.: After gun was found in car, search incident and automobile exception didn’t apply, but inventory was inevitable [right result, wrong reasoning]

After defendant’s car was stopped, the officers conducted a Michigan v. Long protective weapons search of the car while gaining control of the defendant, and a gun was located. There was a search incident: “Furthermore, he was standing at the … Continue reading

Posted in Automobile exception, Inventory, Protective sweep, Search incident | Comments Off

KS: Getting in car after a drug deal makes its search subject to search incident and automobile exception

Defendant did a drug deal with narcs and had $220 in cash with recorded numbers. He got in his car. On the stop of the car, the search for the $220 was justified by either search incident to arrest or … Continue reading

Posted in Automobile exception, Search incident | Comments Off

CO: No IAC for not challenging P2P search of computer since no REP

Defense counsel was not ineffective for not challenging the search of defendant’s computer via a P2P connection on Limewire that resulted in his child pornography conviction. By going online via Limewire, defendant essentially opened his computer to the outside world, … Continue reading

Posted in Computer searches, Ineffective assistance, Reasonable expectation of privacy, Search incident | Comments Off

IA: Passenger’s open container seen in parked car didn’t justify search of car console

Defendant’s car was parked about midnight in June with the windows down and the radio loud. He, the driver, was standing outside the car. The passenger was still inside. Officers stopped and approached the car. They saw the passenger had … Continue reading

Posted in Automobile exception, Search incident | Comments Off

DE: Search incident of book bag left in car for FTA arrest violates Gant

Defendant was a passenger in a vehicle stopped for a brake light violation. The officer found an outstanding warrant for failure to appear and defendant was arrested and put into the patrol car. The search of defendant’s book bag back … Continue reading

Posted in Drug or alcohol testing, Good faith exception, Search incident | Comments Off

MD: Strip search incident to arrest was valid on balance on this record

On this record with a wealth of reasonable suspicion and then probable cause, a strip search incident to arrest was justified at the police station in the breathalyser room. Defendant stripped and bent over but refused to spread his cheeks. … Continue reading

Posted in Search incident, Strip search | Comments Off

NY3: Cursory suppression motion properly denied on its face

Defendant’s suppression motion was properly denied. “Defendant made only a brief, conclusory claim that there was no probable cause for his arrest, lacking factual support ….” On his consent claim of lack of consent, the lack of factual support didn’t … Continue reading

Posted in Burden of proof, Search incident | Comments Off

GA: Search incident of def’s backpack six days after arrest was void

Defense counsel at trial provided ineffective assistance when he failed to seek suppression of evidence recovered from defendant’s backpacks, that were searched six days after defendant’s arrest. The search incident to arrest exception was not applicable to the search that … Continue reading

Posted in Ineffective assistance, Search incident, Uncategorized | Comments Off

Cal.3d: Driver admitting no DL permitted search of her purse for ID

Police received reports of erratic driving and an LPN was given. The car wasn’t found at the location given. The address for the LPN was a block away, and the car wasn’t there either. Later in the day, police received … Continue reading

Posted in Search incident, Uncategorized | Comments Off