{"id":1442,"date":"2008-02-03T12:31:06","date_gmt":"2007-10-15T07:07:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-10-15T07:07:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1442","title":{"rendered":"Search incident of backpack was valid even though defendant was handcuffed in back of police car"},"content":{"rendered":"

Search incident was based on defendant’s arrest for public intox that led to his shouting obscenities, which reinforced the officer’s conclusion. After he was handcuffed and placed in the back of the police car, his backpack was validly searched. He had requested that the backpack be brought with him. State v. Allen<\/a>, 2007 Iowa App. LEXIS 1096 (October 12, 2007).*<\/p>\n

Defense counsel was not ineffective for not making a motion to suppress. “Viewing a stopped car in the country at two o’clock in the morning gave the officer reasonable cause to believe a driver may need assistance. Seeing a group of persons using Moyer’s property also supports a reasonable suspicion of trespass. The officer had reasonable cause to make an investigatory stop.” Moyer v. State<\/a>, 2007 Iowa App. LEXIS 1059 (October 12, 2007).*<\/p>\n

Officer had reasonable suspicion to stop defendant based on a report of a burglary and a susicious vehicle at 2:20 a.m., and defendant was seen parked at a closed business in the vicinity. State v. Brock<\/a>, 2007 Iowa App. LEXIS 1104 (October 12, 2007).*<\/p>\n

Stop in a high crime area plus furtive movement in the car on the stop justified a search of the console. Commonwealth v. Murray<\/a>, 2007 PA Super 307, 936 A.2d 76 (2007):<\/p>\n

We find that Officer Keith articulated sufficient facts to lead him to properly conclude that Murray could have been armed and dangerous, thus justifying a limited search for weapons in the passenger compartment of the vehicle. Specifically, the knowledge of the neighborhood being a well-known narcotics area, when coupled with the excessive movement inside the vehicle and hour of night, raised serious and obvious safety concerns that justified a search for weapons.<\/p><\/blockquote>\n

A general conset to search a motel room permits a search of everything that could contain the object of the search; in this case, drugs. United States v. Contreras-Ramos, 2007 U.S. Dist. LEXIS 75870 (D. Ore. October 10, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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