DC: Gant search incident for open containers did not permit search of a small plastic box

A Gant search incident of a vehicle authorized for open containers of alcohol didn’t permit a more intense search of a plastic “otter box” finding PCP. Smith v. United States, 2022 D.C. App. LEXIS 326 (Sep. 29, 2022).

The state constitution provides more protection of individual privacy than the Fourth Amendment. The probation and parole officer’s warrantless search of his cell phone was unreasonable under the state constitution. State v. Mefford, 2022 MT 185, 2022 Mont. LEXIS 896 (Sep. 27, 2022).

The search incident of defendant went to his sock where drugs were found. His perfunctory argument doesn’t develop anything to consider. The trial court’s decision as to his statements on the street are suppressed, however. Williams v. United States, 2022 D.C. App. LEXIS 325 (Sep. 29, 2022).

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