Category Archives: Search incident

WI: Search incident for shoplifting permitted search of small canister on keychain

Defendant was arrested for shoplifting, and, on her arrest, a search incident of a small canister attached to her keychain was reasonable, despite it being so small no evidence of theft would be there. State v. Meisenhelder, 2022 Wisc. App. … Continue reading

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CA8: Shoplifting arrest supported search incident of backpack; inevitable anyway

The search of defendant’s backpack incident to a shoplifting arrest produced a firearm. Even if the search incident wasn’t proper, it was inevitable the backpack would be inventoried at the jail.United States v. Trogdon, 2022 U.S. App. LEXIS 15860 (8th … Continue reading

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OH2: Warrant found during traffic stop justified search of person

Defendant was stopped for a traffic offense, and a warrant surfaced. That justified a search incident of his person. State v. Fleming, 2022-Ohio-1876, 2022 Ohio App. LEXIS 1749 (2d Dist. June 3, 2022). Plaintiff’s claim on appeal that probable cause … Continue reading

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E.D.Tenn.: Finding ammo not matching seized firearm justifies further search

Officers finding ammunition from a different caliber gun than the one found justifies a further search. United States v. Berry, 2022 U.S. Dist. LEXIS 98684 (E.D.Tenn. May 3, 2022), adopted, 2022 U.S. Dist. LEXIS 98639 (E.D.Tenn. June 2, 2022). Plaintiff’s … Continue reading

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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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