Although defendant was handcuffed, they aren\u2019t \u201cfail safe\u201d and a search incident of the bag he was holding was reasonable under the circumstances. (His general lack of cooperation was also a factor.) United States v. Collier, 2025 U.S. Dist. LEXIS 163195 (D. Neb. Aug. 22, 2025):<\/p>\n\n\n\n\n\n\n\n
Here, as in Perdoma, “the search of the bag occurred in close proximity to where [Collier] was restrained[.]” 621 F.3d at 750. As the Magistrate Judge found, “at the time [he] was handcuffed,” the bag lay on the ground around “ten feet” away. (Filing No. 35 at 5). Investigator Papke testified that the bag was within Collier’s lunging range. (Filing No. 34 at 38, 40). The same is true at the time the bag was searched. Footage from Investigator Papke’s body-worn camera shows Officer Mika was close behind Collier when he looked inside the bag. (Filing No. 30, Ex. 1 at 01:45). And while it is true that Collier was handcuffed, “handcuffs are not fail-safe[.]” United States v. Shakir, 616 F.3d 315, 320 (3d Cir. 2010). Investigator Papke confirmed as much through personal experience. (Filing No. 34 at 39).<\/p>\n\n\n\n
Other factors provide further justification for the search. For one, Collier did not immediately comply with Investigator Papke’s commands. When the officers arrived, Collier ignored Investigator Papke’s direction to “[s]top” and walked “twenty-five to thirty feet away[.]” He stopped walking only when another officer “mounted the curb, drove through the lawn, produced his firearm,” and shouted commands at Collier. (Filing No. 35 at 2-3); cf. Perdoma, 621 F.3d at 751 (holding the search justified as a search incident to arrest, in part, because the defendant “had already run from the officers once”). For another, the officers “did not know how strong [Collier] was.” Id. As the Magistrate Judge noted, Collier “is a relatively fit man of a similar height, age, and build to the arresting officers.” (Filing No. 35 at 7). Under these circumstances, the bag was within “the area into which [the] arrestee might reach in order to grab a weapon or evidentiary items.” Id. (citation omitted).<\/p>\n","protected":false},"excerpt":{"rendered":"
Although defendant was handcuffed, they aren\u2019t \u201cfail safe\u201d and a search incident of the bag he was holding was reasonable under the circumstances. (His general lack of cooperation was also a factor.) United States v. Collier, 2025 U.S. Dist. LEXIS … Continue reading