The officer made a drug arrest in the park, and defendant was around and fidgeting with his hands repeatedly going in and out of his pockets. A frisk of defendant for a weapon was reasonable, but a search of his wallet was unjustified. The fact a search incident could have occurred doesn’t work for the state because there was no arrest. Shay v. State, 2018 Ark. App. 101, 2018 Ark. App. LEXIS 112 (Feb. 7, 2018).
The DEA got a search warrant for defendant’s house and previously had a tracking device on his vehicle. When the search warrant was executed, they searched the vehicle parked on the street. There was probable cause as to it, it was mobile and parked in front of his house, and it was subject to seizure for civil forfeiture for having hauled drugs, even if the search warrant didn’t cover defendant’s vehicles at the house. United States v. Dickerson, 2018 U.S. Dist. LEXIS 22099 (W.D. Tex. Feb. 12, 2018).*