Category Archives: Search incident

S.D.N.Y.: License plate reading “SOVEREIGN CITIZEN USC ART. SEC. 242.” was RS for stop

License plate reading “SOVEREIGN CITIZEN USC ART. SEC. 242.” was reasonable suspicion for a stop. He admitted he had a gun and the computer check showed he was a convicted felon. United States v. Craft, 2023 U.S. Dist. LEXIS 170483 … Continue reading

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TN: Moving purse from car after PC developed makes it subject to search incident

A passenger can’t defeat an automobile exception search by removing her purse after probable cause developed. Cases in other jurisdictions have held that removal before probable cause developed put it beyond search. State v. Hoffman, 2023 Tenn. Crim. App. LEXIS … Continue reading

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NM: State had to support search incident to arrest of def’s purse at suppression hearing and didn’t

Defendant’s purse over the shoulder was not part of her person. It was removed from her and later searched incident to arrest. The state failed to support the search incident doctrine at the suppression hearing of where the purse was … Continue reading

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FL6: Search incident of backpack and fanny pack removed before stop was unreasonable

Defendant was stopped on a bicycle. His backpack and fanny pack were removed from him and placed on the hood of the police car. The search incident doctrine did not apply to them under Gant. They were out of his … Continue reading

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KY: Search incident of backpack of street drug dealer was reasonable

The search incident of defendant’s backpack during his stop and arrest for a hand-to-hand sale of synthetic marijuana was reasonable. Surveying all SCOTUS search incident cases and cases from many states, the backpack was essentially a part of his “person.” … Continue reading

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D.Nev.: Clearly established state statute doesn’t translate to clearly established constitutional law

Clearly established state statute doesn’t translate to clearly established constitutional law for § 1983 qualified immunity purposes. Brown v. Tromba, 2023 U.S. Dist. LEXIS 149020 (D. Nev. Aug. 23, 2023).* “In their reply brief the OSA Defendants cite cases concerning … Continue reading

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TX3: SI of suitcase of arrested person was reasonable

Search incident of defendant’s suitcase that came to the police station with him was reasonable when he was arrested at a motel he hadn’t checked into yet. The police didn’t know what was in there, and safety was also a … Continue reading

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NJ: Search incident at hospital 90 minutes after arrest was reasonable

Defendant was arrested for first-degree aggravated manslaughter as a result of an accident after he injected himself with fentanyl-laced heroin. He was under arrest at the scene, but he wasn’t actually searched until he was in the hospital. The search … Continue reading

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MA: Driveway used for parking is not curtilage when car visible to all

Defendant’s vehicle was not parked within the curtilage of his home. The officer’s observations of the vehicle did not constitute a search under the Fourth Amendment or the Mass. Const. Decl. Rights art. 14. Defendant’s house was set back from … Continue reading

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MD reiterates search incident doctrine

Maryland reiterates search incident. “Considering these cases together, a clearer picture of the search incident to arrest exception emerges. Pacheco reminds us that, for the exception to apply, there must first exist probable cause to arrest before conducting the search. … Continue reading

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NJ: Two-hour delayed SI for forensic evidence on def’s sweatshirt in axe murder case was reasonable

A two-hour delayed search incident of defendant’s sweatshirt for blood and other evidence was reasonable when he was in custody under U.S. v. Edwards (1974, 10 hours) and more compelling probable cause developed he committed an axe murder. Swabbing of … Continue reading

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FL2: Def’s mental health seizure was unreasonable under state law; his search incident thus was unreasonable

Defendant’s mental health seizure didn’t comply with state law and was unreasonable. There was no face-to-face meeting to evaluate his condition required by law. His girlfriend had reported that he was sending suicidal text messages. K.M. v. State, 2023 Fla. … Continue reading

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SC: Blood draw unreasonable but saved by GFE because it happened before holding here

As to the blood draw in this DUI death case, “We conclude section 56-5-2946 is facially constitutional but unconstitutional as applied in Appellant’s case. However, we find the trial court did not err in denying Appellant’s motion to suppress because … Continue reading

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CA10: Overlong stop didn’t cause independent search incident

Defendant was subjected to a search incident for false identification. His overlong stop otherwise didn’t cause that. United States v. Anderson, 2023 U.S. App. LEXIS 5997 (10th Cir. Mar. 14, 2023).* “Teixeira struggles to throw shade on the reliability of … Continue reading

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AR: Search incident to sex offense produced microSD cards that could be seized

Defendant was arrested for a sex offense, and his search incident produced three microSD cards that fell to the ground. They were properly seized and then searched with a warrant finding child porn. Lewis v. State, 2023 Ark. 12, 2023 … Continue reading

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WY: In felony domestic battery case, state showed nexus that evidence could likely be found in def’s journal

Defendant was convicted of strangulation of a family member. The family member reported to the police that he had been in counseling and was keeping a detailed journal trying to break the cycle of domestic abuse. The affidavit for the … Continue reading

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NC: Officer who had knowledge of driver’s medical disqualification from driving could make a stop

“Therefore, a law enforcement officer with either probable cause or reasonable suspicion to believe that the driver of a vehicle is driving with a medically canceled license may conduct a lawful traffic stop of that vehicle without running afoul of … Continue reading

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DC: “Handcuffing is ordinarily improper in a Terry stop absent an objective safety concern.”

“Handcuffing is ordinarily improper in a Terry stop absent an objective safety concern. See United States v. Smith, 373 F. Supp. 3d 223, 241 (D.D.C. 2019); Haynes v. Minnehan, 14 F.4th 830, 835 n.4 (8th Cir. 2021) (‘[A]bsent an objective … Continue reading

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D.Mass.: Park ranger’s arrest of def outside park wasn’t 4A violation, even if statute violated

“Ruiz argues that, because Carozzi lacked the statutory authority to arrest him outside the park, the arrest violated his Fourth Amendment rights, and therefore all evidence collected subsequent to his arrest (i.e., the breathalyzer results) must be suppressed. In the … Continue reading

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NY2: Franks claim has to be fully developed; it’s more than just a false statement

Franks claim fails for failure to show how the alleged false statements undermined the probable cause. “The defendant failed to meet his burden of controverting the warrant, as he failed to analyze, must less establish, that after the excise of … Continue reading

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