Category Archives: Search incident

D.Colo.: Federal law criminalizing marijuana makes dog sniff in recreational use state reasonable

Even though Colorado has decriminalized personal use of marijuana, a dog sniff is still reasonable under federal law because possession of marijuana is still a violation of federal law because it’s unlawful for “any purpose.” United States v. Spikes, 2021 … Continue reading

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FL2: Open container city code violation justifies SI

An open container in violation of municipal ordinance justifies a search incident in Florida. State v. Coleman, 2021 Fla. App. LEXIS 6497 (Fla. 2d DCA May 7, 2021):

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VI: Def walking into apt being searched with SW could be searched

Defendant who walked into an apartment being searched under a warrant could be searched himself, including the grocery bag he was carrying. People v. Matthias, 2021 V.I. LEXIS 23 (Apr. 30, 2021). Defendant’s backpack in the car couldn’t be searched … Continue reading

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CA10: Def’s father’s consent to enter house was voluntary

Defendant’s father consented to officers’ entry into their house, so defendant’s Fourth Amendment rights were not violated. United States v. Guillen, 2021 U.S. App. LEXIS 12468 (10th Cir. Apr. 27, 2021). “While Artola putting his arm into Wheeler’s car may … Continue reading

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D.Vt.: Apt building parking lot not curtilage; def’s girlfriend was private searcher

Defendant’s vehicle was in an apartment building parking lot, and that’s not curtilage. There was also probable cause to search it and it was mobile. Defendant’s cell phone was privately seized from his vehicle and turned over to police by … Continue reading

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CA4: Def had burden on GFE, and he failed

Assuming without deciding the probable cause question, defendant fails to prove that the good faith exception should not be applied. United States v. Parrish, 2021 U.S. App. LEXIS 10533 (4th Cir. Apr. 13, 2021). The officer had probable cause to … Continue reading

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W.D.N.C.: Gant bars search of car trunk

A search of a car trunk incident to arrest is barred by Gant. United States v. Abusnena, 2021 U.S. Dist. LEXIS 51605 (W.D. N.C. Mar. 18, 2021). Then there is this observation:

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FL2: There was suspicion for the stop, but it wasn’t reasonable suspicion

There may have been suspicion for defendant’s stop, but it wasn’t reasonable suspicion. He was potentially dumpster driving at a closed business at night, and he left when he saw the police officer. Vonlydick v. State, 2021 Fla. App. LEXIS … Continue reading

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N.D.Iowa: SI to arrest can support search even when officers choose not to arrest at that moment

The search incident exception supported the search here because it was factually and legally appropriate except for the fact that the actual arrest didn’t occur until months later. The officers chose not to arrest at that moment. United States v. … Continue reading

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SD: Impending surgery exigency for warrantless blood draw

Defendant’s impending surgery was an exigent circumstance for a warrantless blood draw. “We have held that imminent medical care that threatens to destroy BAC evidence through blood transfusions, intravenous fluids, or natural dissipation over time may create exigent circumstances. … … Continue reading

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GA: Search incident to arrest without PC is suppressed

The trial court did not apply the beyond a reasonable doubt standard to the search, contrary to the state’s argument. It did apply the preponderance standard, and the record supports its finding that the state failed to show probable cause … Continue reading

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M.D.Fla.: Borrower of a rental car with a suspended DL has no standing

“Because the Eleventh Circuit has not yet addressed this issue, the Court has carefully considered the reasoning of the Lyle and Bettis cases and concludes, in line with the Second Circuit, that the unlicensed driver of a rental car should … Continue reading

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D.D.C.: Search of def’s fanny pack wasn’t valid as search incident, but it was valid because he disclaimed it

Defendant’s front license plate being on the dashboard and not affixed to the car was a traffic offense that justified his stop. “Perhaps Giles recognizes that there was probable cause to arrest him after he refused to pull over and … Continue reading

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CA4: Seizure of firearm was inevitable; def would have been arrested for DUI and searched incident to arrest anyway

“[W]e conclude that the district court did not err in crediting the arresting officer’s testimony and finding that the arresting officer had probable cause to arrest Herman for driving under the influence. We further conclude that the district court did … Continue reading

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N.-M.: Search incident of gym bag valid as incident to arrest when def asked for the bag to be transported with him

Defendant was assigned to Anchorage as a Marine recruiter and ended up being charged with sexual assault. On his arrest by the APD, the search incident of defendant’s gym bag for weapons incident to his arrest was valid. He asked … Continue reading

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CA5: Vehicle in hit-and-run could be seized as “instrumentality of crime”

Plaintiff’s car could be seized on an apartment building parking lot as an “instrumentality of crime” when it had been involved in a hit-and-run. (Neither party cites what the court thinks is a case in point, which it follows.) Rountree … Continue reading

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TX: Suitcase with def in airport arrest was subject to search incident

Defendant was arrested in the San Antonio airport, and his luggage came with him to airport jail. The suitcase as a “receptacle must inevitably accompany him into custody, a warrantless search of that receptacle at or near the time of … Continue reading

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CA5: Search for ptf’s ID was reasonable when she refused to ID self and was charged with obstruction

The search of plaintiff’s wallet for her ID was reasonable when she refused to identify herself when stalled on an interstate highway. A search of the car for her wallet and then the search of the wallet was thus reasonable … Continue reading

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TX7: Trial court’s initially misstating burden of proof was on def was corrected in the ultimate findings

The trial court first stated that the burden on consent was on the defendant, but the ultimate findings of fact and conclusions of law concluded that the state proved it by sufficient evidence. This corrected the previous mistake, and the … Continue reading

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E.D.Cal.: SI for a bicycle riding infraction is unjustified

Defendant was lawfully stopped for riding his bicycle on the sidewalk over a bridge, but it was only an infraction and a search incident was unreasonable. United States v. Harris, 2020 U.S. Dist. LEXIS 145000 (E.D. Cal. Aug. 12, 2020). … Continue reading

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