MD reiterates search incident doctrine

Maryland reiterates search incident. “Considering these cases together, a clearer picture of the search incident to arrest exception emerges. Pacheco reminds us that, for the exception to apply, there must first exist probable cause to arrest before conducting the search. Taylor demonstrates that two scenarios will trigger the application of the search incident to arrest exception: where an arrestee is within reaching distance of the vehicle and where the police have reason to believe the vehicle contains evidence of the crime of arrest. Finally, White clarifies the distinct rules and requirements of the exception in the vehicular context. First, there must be an arrest in conjunction with the search, and, as Pacheco reiterated, this arrest must be supported by probable cause. Second, the part of the exception allowing a search for evidence of the crime of arrest applies only to vehicular searches. Third, the exception requires the lower standard of reasonable suspicion, rather than probable cause, that the vehicle contains evidence of the crime. Fourth, the search incident to arrest must be limited to the passenger compartment. Fifth, the search is limited to evidence of the offense for which the defendant is arrested.” Rodriguez v. State, 2023 Md. App. LEXIS 356 (June 1, 2023).*

The search warrant was “arguably overbroad,” and defendant was thought to be involved in many homicides. However, it wasn’t so overbroad that the good faith exception should not apply. United States v. Cawthorn, 2023 U.S. Dist. LEXIS 96352 (D. Md. May 31, 2023).*

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