IA: Def’s search may have violated “plain feel” when drugs removed, but search incident would have occurred shortly

The search of defendant may have violated “plain feel” because the drugs in his pocket obviously weren’t a weapon, it was inevitably discovered because it was the product of a search incident for finding drugs on the car. Stephen v. State, 2016 Iowa App. LEXIS 704 (June 29, 2016).

Defendant’s warrantless blood draw was permitted by statute, but it was unconstitutional. “The State contends that Sergeant West acted in good faith reliance on section 724.012(b) because he followed a mandatory statutory procedure that had not yet been held unconstitutional. We agree that Sergeant West acted in good faith. However, there is no good faith exception under Texas law for reliance on a statute later held to be unconstitutional or not applicable.” Bonsignore v. State, 2016 Tex. App. LEXIS 6986 (Tex.App. – Ft. Worth June 30, 2016).*