Search of a black bag in defendant\u2019s possession at the time of his arrest was valid as a search incident because it could have contained evidence or weapons. A later search of the bag was valid. United States v. Gordon, 895 F. Supp. 2d 1011 (D. Haw. 2012):<\/p>\n
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It follows that \u2014 as Gordon conceded at the August 6, 2012 hearing \u2014because law enforcement maintained uninterrupted possession and control of the bag after it was initially searched at the scene, the subsequent more thorough search at the Federal Building was also valid. See United States v. Burnette, 698 F.2d 1038, 1049 (9th Cir. 1983) (“[W]e hold that once an item in an individual’s possession has been lawfully seized and searched, subsequent searches of that item, so long as it remains in the legitimate uninterrupted possession of the police, may be conducted without a warrant.”). That is, Gordon agreed at the hearing that if the court upholds Agent Rumschlag’s initial search of the bag, then the subsequent search at the Federal Building would be valid. The Government has thus proven that the items taken from the searches of Gordon’s bag resulted from lawful warrantless searches incident to his arrest.<\/p><\/blockquote>\n
Defendants\u2019 affidavit in support of motion to suppress makes a prima facie case to get a hearing, which the government consents to. United States v. Ciulei, 2012 U.S. Dist. LEXIS 128242 (S.D. N.Y. September 7, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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