Defendant was arrested on an arrest warrant and a search incident included lifting the nearby mattress which revealed evidence. That search incident was valid. United States v. McNish, 2011 U.S. Dist. LEXIS 31853 (E.D. Pa. March 25, 2011):<\/p>\n
The question for this Court is thus whether lifting up the mattress while arresting McNish violated his Fourth Amendment rights. A number of courts have concluded that a search under a nearby mattress conducted pursuant to a valid arrest does not violate the Fourth Amendment. See, e.g., United States v. Bennett<\/a>, 555 F.3d 962, 967-68 (11th Cir. 2009) (\u201cIf there is reason to search the edge of a mattress by touch, there is reason enough to lift it up.\u201d); United States v. Hernandez<\/a>, 941 F.2d 133, 137-38 (2d Cir. 1991); Watkins v. United States<\/a>, 564 F.2d 201, 204-05 (6th Cir. 1977); United States v. Snard, Crim. A. No. 09-212, 2009 WL 3105271, at *8-9 (E.D. Pa. Sept. 27, 2009); United States v. Yanez<\/a>, 490 F. Supp. 2d 765, 776 (S.D. Tex. 2007); United States v. Parker, Crim. A. No. 05-505, 2006 WL 163562, at *4-5 (D. Ariz. Jan. 20, 2006).<\/p><\/blockquote>\n
The officers had way more (\u201cfar in excess of the probable cause threshold\u201d) than probable case for this stop. United States v. Tandy, 2011 U.S. Dist. LEXIS 32024 (S.D. Ga. March 28, 2011).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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