{"id":2566,"date":"2008-10-20T08:52:13","date_gmt":"2008-10-20T08:52:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-10-20T08:52:13","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2566","title":{"rendered":"TN: Search incident extended to buttocks"},"content":{"rendered":"

The seizure of a bag of cocaine from defendant’s buttocks was valid as a search incident and not as a Terry<\/em> frisk. State v. Muse<\/a>, 2008 Tenn. Crim. App. LEXIS 831 (October 17, 2008):<\/p>\n

The evidence does not preponderate against the trial court’s finding that the challenged search and seizure of the Appellant by police occurred incidentally to his arrest for sale of cocaine. We agree with the trial court’s determination that the Appellant’s reliance on Terry v. Ohio<\/em>, 392 U.S. 1, 88 S. Ct. 1868 (1968), is misplaced. Under the Terry stop exception to the search warrant requirement, a law enforcement officer may temporarily seize a citizen if the officer has a reasonable suspicion, based upon specific and articulable facts, that a criminal offense has been, is being, or is about to be committed. See Terry<\/em>, 392 U.S. at 21, 88 S. Ct. at 1880; State v. Keith<\/em>, 978 S.W.2d 861, 865 (Tenn. 1998). In the present case, a warrantless arrest occurred lawfully pursuant to Tennessee Code Annotated section 40-7-103, and was clearly based upon probable cause. The police lawfully seized the bag containing cocaine from the Appellant’s buttocks area as it became visible, contemporaneously with his arrest. This search was permitted under a different exception to the warrant requirement, a search incident to arrest. See Crutcher<\/em>, 989 S.W.2d at 300. <\/p><\/blockquote>\n

Police were called because defendant allegedly took pictures of children while he was in a library with his computer. They asked him to come with them, and he packed up his computer and stuff and went with them. When defendant denied taking pictures, the officers called in for further instructions. The court rejects “police speak” in the report that defendant was detained at that point. United States v. Cameron, 2008 U.S. Dist. LEXIS 82375 (N.D. W. Va. April 18, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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