TX13: Arrest on outstanding warrants doesn’t justify search incident of car

When defendant was arrested on outstanding warrants, his car was not subject to search incident. State v. Sanchez, 2016 Tex. App. LEXIS 7712 (Tex. App. – Corpus Christi – Edinburg July 21, 2016).

“[T]he clearly established law in existence in May 2011 would not have apprised a reasonable police officer similarly situated to Officer Acosta that he could be held liable under § 1983 for a Fourth Amendment violation based on handcuffing a minor pursuant to a lawful arrest.” The arrest was at school for disrupting class in violation of New Mexico statute, which he also gets qualified immunity for. A.M. v. Holmes, 2016 U.S. App. LEXIS 13490 (10th Cir. July 25, 2016).*

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