Defendant was stopped on a motorcycle and had a backpack. An arrest warrant was found for defendant, and his backpack was subject to a search incident. State v. Crager, 2018 Ind. App. LEXIS 385 (Oct. 25, 2018).
There was no objective basis for the police to conclude there was an emergency and the alleged protective sweep with it was all unreasonable. The exclusionary rule applies in NY probation searches. People v. Sears, 2018 NY Slip Op 07197, 2018 N.Y. App. Div. LEXIS 7171 (3d Dept. Oct. 25, 2018).