KS: Def was removed from a van and her purse left behind; it wasn’t subject to search incident

Defendant was sitting in a van when she was gotten out and then arrested. Her purse was left behind. Her purse was not subject to a search incident when she’d been handcuffed and led away. The state’s argument that inevitable discovery would have applied because her purse would have been inventoried at the jail is rejected as unproven. The state put on no proof that would have happened. State v. Ritchey, 2018 Kan. App. LEXIS 62 (Nov. 2, 2018).

The question of the legality of the seizure of defendant’s blood was harmless at best on this record of his intoxication. State v. Thompson, 301 Neb. 472 (Nov. 2, 2018).

This entry was posted in Drug or alcohol testing, Search incident. Bookmark the permalink.

Comments are closed.