Category Archives: Search incident

IA: Breath test of boater was valid as search incident under 4A but not state const.

“[T]he breath test [of a boater] constituted a search incident to arrest excepted from the Fourth Amendment’s warrant requirement under Birchfield.” State v. Pettijohn, 2017 Iowa Sup. LEXIS 78 (June 30, 2017):

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OH10: Flight from a Terry stop was PC for search incident

“Because appellant committed an arrestable offense when he fled from the lawful Terry stop, the search of appellant’s person following his apprehension was constitutionally reasonable as a search incident to arrest.” State v. Johnson, 2017-Ohio-5527, 2017 Ohio App. LEXIS 2583 … Continue reading

Posted in Reasonable suspicion, Search incident, Stop and frisk | Comments Off

CA9: Exigency supported entry into hotel room when there was another child inside in child sex exploitation case

Defense counsel was not ineffective. The search of defendant’s hotel room for evidence in a child sex exploitation case after she escaped from the room and talked to the police was based on exigency. “ The officers also had exigent … Continue reading

Posted in Emergency / exigency, Search incident | Comments Off

SD: SI can occur after a valid citizen’s arrest

Defendant was stopped and subjected to a citizen’s arrest by Walmart security. Her purse was searched based on the arrest, and it was valid. “Thus, a search need not be incident to an arrest by law enforcement because a citizen … Continue reading

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D.Conn.: Search incident included under the bed next to defendant

Search incident included a search under a bed near where the defendant was arrested, and cocaine was found there. The court rejects protective sweep under the bed as an alternative. United States v. Bohannon, 2017 U.S. Dist. LEXIS 65446 (D. … Continue reading

Posted in Probation / Parole search, Reasonable suspicion, Search incident | Comments Off

C.D.Cal.: Arrest for loitering justified a search incident

An arrest for loitering justified a search incident. Defendant’s actions were concerning to the officer about his criminal intent. United States v. Pick, 2017 U.S. Dist. LEXIS 59287 (C.D. Cal. Feb. 28, 2017). Defendant’s saying “go ahead in look in … Continue reading

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CA2: Open container violation supports SI

Open container violation in NYC supported a search incident to an arrest. The officer was first going to issue a summons but did a patdown and arrested when the gun was found. United States v. Diaz, 2017 U.S. App. LEXIS … Continue reading

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E.D.Mich.: Seizure of cell phone to preserve its evidence for a SW was reasonable

Seizure of defendant’s cell phone found near him when he was arrested was reasonable to preserve evidence until a search warrant could be obtained. United States v. Hamilton, 2017 U.S. Dist. LEXIS 54953 (E.D. Mich. April 11, 2017):

Posted in Cell phones, Search incident, Seizure | Comments Off

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