Category Archives: Search incident

S.D.Ohio: Attempted search incident well after arrest when duffle bag was away from def was not “incident to arrest”; govt overspinned the facts

The officer lacked exigency for a warrantless entry to arrest. Defendant put his duffle bag outside a second story window on the roof to conceal it. It was not abandoned because the public didn’t have access to it. All he … Continue reading

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CA7: There is no “one-frisk-only rule”

“‘[A] one-frisk-only rule would create a privacy-adverse Fourth Amendment incentive’ for officers to perform ‘the most intrusive frisk possible the first time around, knowing that no more would be allowed.’” Here, there was reasonable suspicion for both frisks. United States … Continue reading

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OR: A metal box next to def when stopped was subject to search incident here

Even under Oregon’s restrictive search incident doctrine, the search of a metal box next to defendant was reasonable. She was suspected of stealing from a Salvation Army donations trailer when she was stopped. Practically anything in her vehicle looked like … Continue reading

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OR: Officer’s conclusion def violated traffic law here not reasonable

The officer’s conclusion defendant violated a traffic law here wasn’t a reasonable conclusion, and the motion to suppress should have been granted. State v. Brown, 318 Ore. App. 713, 2022 Ore. App. LEXIS 585 (Apr. 6, 2022). A named CI’s … Continue reading

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CA2: Hand-to-hand transaction supports search incident

Hand-to-hand transaction as probable cause supports search incident to arrest. United States v. Campbell, 2022 U.S. App. LEXIS 6060 (2d Cir. Mar. 9, 2022). This is a prison employee drug testing case. The employee left the premises rather than submit … Continue reading

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CA4: Search incident of bag unreasonable where def handcuffed behind back and face down

Search of defendant’s bag when he was handcuffed behind his back and lying face down was unreasonable because it was unreachable. United States v. Buster, 2022 U.S. App. LEXIS 4747 (4th Cir. Feb. 22, 2022). When omitted information is relied … Continue reading

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E.D.Mich.: Officers’ versions of arrest and search show two valid versions of why it was valid

The two officers involved in defendant’s stop and search of his person and car had somewhat different versions of what happened. Under either, the search of his person and car were both reasonable. Defendant had no DL which was an … Continue reading

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S.D.Ind.: Handcuffed def could have jacket pocket searched incident to arrest

The search of defendant’s jacket pockets when he was arrested was valid under the search incident doctrine even though he was handcuffed. United States v. Coates, 2021 U.S. Dist. LEXIS 232798 (S.D.Ind. Dec. 6, 2021). Defendant had a right to … Continue reading

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IL: Lack of PC to arrest voids search incident to it

A lack of probable cause to arrest leads to voiding the search incident to arrest. People v. Freeman, 2021 IL App (1st) 200053, 2021 Ill. App. LEXIS 655 (Dec. 6, 2021). While marijuana seeds and stems aren’t federal contraband, searching … Continue reading

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E.D.Cal.: PC affidavit for extradition ordered unsealed as a public record

The probable cause affidavit for defendant’s extradition to Iraq for murder is ordered unsealed. There no longer is any justification for keeping it sealed and not a public judicial record. The prior reasons for sealing it no longer exist. In … Continue reading

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CA11: Bag dropped to feet when def arrested couldn’t be searched incident to arrest; no safety concern

Officers accosted defendant to arrest him, and he dropped a paper bag. It could not seriously be argued that the bag contained a weapon. Moreover, the government did not argue abandonment. The district court erred in not granting the motion … Continue reading

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ND: Backpack removed from car before dog sniff couldn’t be searched based on dog’s alert on car

Probable cause was lacking to search a backpack removed from a vehicle shortly after the stop but before the dog alerted on the car. Search incident also did not apply: “In the absence of either a concern for officer safety, … Continue reading

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W.D.N.Y.: SI lacking PC is suppressed

Defendant was arrested and searched incident to arrest, and the court finds no valid basis for the search. He was too far away from and out of sight of the drugs the government was attempting to link to him. United … Continue reading

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N.D.Ind.: Search incident of unconscious man unreasonable without arrest or justification

A search incident of the unconscious defendant was unreasonable because it lacked any justification. He wasn’t arrested to be searched incident to it. United States v. Johnson, 2021 U.S. Dist. LEXIS 125188 (N.D. Ind. July 6, 2021). Defendant abandoned his … Continue reading

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FL5: Police report’s stating search was search incident isn’t binding at the suppression hearing

The officer’s noting the search of defendant’s vehicle was incident to arrest was incorrect and not binding at the suppression hearing. It was valid as an inventory. State v. Koontz, 2021 Fla. App. LEXIS 9019 (Fla. 5th DCA June 18, … Continue reading

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ID: Search incident justified by def’s lie about syringe in pocket

Officer’s certain knowledge of a syringe in defendant’s pocket defendant lied about after a consensual patdown for weapons justified a search incident. The officer sought a patdown because of his nervousness. State v. Budka, 2021 Ida. App. LEXIS 20 (May … Continue reading

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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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