Category Archives: Search incident

OH12: Shoplifting arrest supported search incident of def’s backpack

Defendant was arrested outside a store for shoplifting a belt and hat he wore out of the store. The backpack he was wearing was subject to search incident under Gant when he was arrested. State v. Whipple, 2017-Ohio-1094, 2017 Ohio … Continue reading

Posted in Reasonable suspicion, Search incident | Comments Off

CA8: Search of def’s car for gun was reasonable as a SI even though def was arrested away from the car

Police received a 911 call about a road rage incident and flashing of a gun. They found the vehicle described in the call in a strip mall parking lot. They finally found the driver and detained him, ultimately handcuffing him. … Continue reading

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IL: SI on an arrest with PC but made without a warrant removing def from house was valid; SI occurred outside

Defendant was unlawfully arrested inside his home without a warrant. He was taken outside and frisked and a gun was found. The gun will not be suppressed under existing Illinois precedent. “As a result, we find the cases cited by … Continue reading

Posted in Arrest or entry on arrest, Search incident | Comments Off

D.Nev.: Untimely motion to suppress summarily denied

Defendant’s untimely motion to suppress is denied. United States v. Drexler, 2017 U.S. Dist. LEXIS 13833 (D.Nev. Feb. 1, 2017). Defendant was arrested for bank robbery, and a search incident to arrest of his person was valid and based on … Continue reading

Posted in Motion to suppress, Search incident | Comments Off

ID: Driving on a suspended DL supports a search incident of the person

The officer knew defendant had a suspended DL, and seeing him drive to a convenience store justified his detention and arrest. A frisk incident to the arrest produced drug paraphernalia which was validly found. State v. Lee, 2017 Ida. App. … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Search incident | Comments Off

KY: SW moots consent argument

Officers entered defendant’s home to secure a firearm and then returned with a search warrant. Defendant’s consent argument is moot. Lundy v. Commonwealth, 2017 Ky. App. LEXIS 22 (Jan. 27, 2017). The court properly overruled defendant’s motion to suppress a … Continue reading

Posted in Search incident, Standards of review, Standing | Comments Off

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