{"id":12221,"date":"2014-06-25T08:31:55","date_gmt":"2014-06-25T13:31:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12221"},"modified":"2014-06-26T08:38:13","modified_gmt":"2014-06-26T13:38:13","slug":"nmi-search-of-cigarette-pack-reasonable-in-si-to-look-for-weapon","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=12221","title":{"rendered":"NMI: Search of cigarette pack reasonable in SI to look for weapon"},"content":{"rendered":"<p>Defendant was on a moped with another, and they were stopped at a sobriety checkpoint. The registration was years out of date, and they were directed aside for a more intense review. Defendant\u2019s cigarette pack aroused suspicion because of the way he handled it after emptying his pockets shuffling it to his co-passenger, and its search revealed methamphetamine. Because it was a potentially custodial arrest situation, defendant\u2019s search was valid as an inventory under inevitable discovery if not a search incident. \u201c\u00b6 28 &#8230; Here, the search of the cigarette pack falls within the SITA exception&#8217;s scope because the pack could have contained a weapon, such as a razor blade or a pocketknife.\u201d  <a href=\"http:\/\/www.cnmilaw.org\/pdf\/supreme\/2014-MP-06.pdf\">Commonwealth v. Fu Zhu Lin<\/a>, 2014 MP 6, 2014 N. Mar. I. LEXIS 11 (June 25, 2014).<\/p>\n<p>An inventory or automobile exception search can include the air filter container under the hood. United States v. Ball, 2014 U.S. Dist. LEXIS 85381 (N.D. Iowa June 24, 2014).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was on a moped with another, and they were stopped at a sobriety checkpoint. The registration was years out of date, and they were directed aside for a more intense review. Defendant\u2019s cigarette pack aroused suspicion because of the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=12221\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[36,39,26],"tags":[],"class_list":["post-12221","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-inventory","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12221","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12221"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12221\/revisions"}],"predecessor-version":[{"id":12259,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12221\/revisions\/12259"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12221"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12221"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12221"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}