{"id":41144,"date":"2019-12-13T05:12:31","date_gmt":"2019-12-13T10:12:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=41144"},"modified":"2019-12-13T13:47:41","modified_gmt":"2019-12-13T18:47:41","slug":"fl1-patdown-for-drugs-permitted-cutting-hole-in-defs-underwear-to-retrieve-that-which-wouldnt-fall-out","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=41144","title":{"rendered":"FL1: Patdown for drugs permitted cutting hole in def’s underwear to retrieve that which wouldn’t fall out"},"content":{"rendered":"

The officer smelled the strong odor in defendant\u2019s car and got him out. There was the strong odor on defendant\u2019s person, too. A patdown revealed a lump under defendant\u2019s shorts. The officer tried to shake it loose and couldn\u2019t. He then cut a hole in defendant\u2019s underwear to get it out. This \u201creach-in\u201d was reasonable under all the circumstances. Hilliard v. State<\/a>, 2019 Fla. App. LEXIS 18278 (Fla. 1st DCA Dec. 10, 2019):
\n<\/p>\n

Once Officer White failed to retrieve the contraband by shaking Appellant’s shorts, he could lawfully have used the “reach-in” method to retrieve the contraband. See Powell v. State, 898 N.E.2d 328, 335 (Ind. Ct. App. 2008) (finding a search reasonable where an officer used a pocket knife to retrieve contraband from a defendant’s underwear where he could not figure out another way to get it out and none of the defendant’s skin was exposed); Partlow v. State, 199 Md. App. 624, 24 A.3d 122, 133-34 (Md. Ct. Spec. App. 2011) (upholding a search where the officer was unable to retrieve contraband from defendant’s underwear, so he used a pocket knife to remove a portion of the defendant’s underwear which left part of his body exposed); Harden v. Flowers, No. 01 C 7878, 2003 U.S. Dist. LEXIS 7213, 2003 WL 1989616, at *5 (N.D. Ill. Apr. 29, 2003) (finding a search reasonable where an officer pulled the defendant’s pants down after he was unable to retrieve the contraband and sliced a hole in the defendant’s underwear).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

The officer smelled the strong odor in defendant\u2019s car and got him out. There was the strong odor on defendant\u2019s person, too. A patdown revealed a lump under defendant\u2019s shorts. The officer tried to shake it loose and couldn\u2019t. He … Continue reading →<\/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":[59,4],"tags":[],"class_list":["post-41144","post","type-post","status-publish","format-standard","hentry","category-scope-of-search","category-stop-and-frisk"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41144","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=41144"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41144\/revisions"}],"predecessor-version":[{"id":41158,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/41144\/revisions\/41158"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=41144"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=41144"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=41144"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}