S.D.Fla.: Search incident and community caretaking exceptions can’t support govt’s search of def’s messenger bag days later

The government’s search incident theory to sustain a search of defendant’s messenger bag days after his arrest is rejected. “The fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns were present at the time Javat’s messenger bag was searched. Nor did any other compelling reason or other exigency exist which would justify bypassing the warrant requirement.” It also cannot be sustained under the community caretaking exception. United States v. Javat, 2019 U.S. Dist. LEXIS 133453 (S.D. Fla. Aug. 8, 2019).

Defendant’s plea agreement waived any claim to the firearms involved in his case, so he’s not entitled to return under Rule 41(g) because they were forfeited. He attempted transfer to his son. Wilhelm v. United States, 2019 U.S. Dist. LEXIS 134316 (E.D. Mo. Aug. 9, 2019).*

On a traffic stop, the officer seeing a meth pipe in the back seat was plain view and probable cause. United States v. Rogers, 2019 U.S. Dist. LEXIS 133754 (D. Neb. July 5, 2019),* adopted, 2019 U.S. Dist. LEXIS 132405 (D. Neb. Aug. 5, 2019).*

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