{"id":34564,"date":"2018-09-02T08:16:19","date_gmt":"2018-09-02T13:16:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34564"},"modified":"2018-09-02T08:16:19","modified_gmt":"2018-09-02T13:16:19","slug":"me-defs-jacket-she-was-sitting-on-when-arrested-was-properly-subject-to-search-incident","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=34564","title":{"rendered":"ME: Def&#8217;s jacket she was sitting on when arrested was properly subject to search incident"},"content":{"rendered":"<p>Defendant\u2019s jacket was still associated with her when she was arrested, and it was properly subject to a search incident even though she was handcuffed and sitting on it. The validity of the search incident, however, did not translate into a valid automobile exception search of the car she was away from. There was no probable cause as to the car. <a href=\"http:\/\/www.courts.maine.gov\/opinions_orders\/supreme\/lawcourt\/2018\/18me129.pdf\">State v. Pagnani<\/a>, 2018 ME 129, 2018 Me. LEXIS 132 (Aug. 30, 2018).<\/p>\n<p>Defendant was arrested with probable cause for disorderly conduct for inciting a crowd that seemed to be getting potentially dangerous. His car was reasonably towed under the community caretaking function of the police. After it was deposited at the tow yard, then the police got a valid search warrant for it. <a href=\"http:\/\/www.ca4.uscourts.gov\/opinions\/164594.U.pdf\">United States v. Marshall<\/a>, 2018 U.S. App. LEXIS 24550 (4th Cir. Aug. 29, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s jacket was still associated with her when she was arrested, and it was properly subject to a search incident even though she was handcuffed and sitting on it. The validity of the search incident, however, did not translate into &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=34564\">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":[74,26],"tags":[],"class_list":["post-34564","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-search-incident"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34564","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=34564"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34564\/revisions"}],"predecessor-version":[{"id":34565,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34564\/revisions\/34565"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34564"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34564"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34564"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}