CA11: SI of notebook in def’s purse was reasonable without PC as to it

A notebook in defendant’s purse was properly searched incident to her arrest, even without probable cause it contained evidence. United States v. Ouedraogo, 2020 U.S. App. LEXIS 25519 (11th Cir. Aug. 12, 2020):

Under Robinson, then, even absent probable cause or suspicion of danger, police can routinely search individuals and personal items the individuals have on them when they are arrested and seize anything probative of proving criminal conduct. Our Circuit’s application of this rule in a variety of circumstances shows that Goldsworthy’s search of the notebook found in the purse Ouedraogo was holding was appropriate. For instance, in United States v. Sonntag, 684 F.2d 781, 786 (11th Cir. 1982), we reaffirmed an earlier ruling that wallets, including papers or packets inside them, may be searched incident to arrest. See also United States v. Watson, 669 F.2d 1374, 1383-84 (11th Cir. 1982) (affirming denial of a motion to suppress when items “including an address book, receipts, and a piece of paper containing names, were taken from the wallet and placed in a plastic evidence bag” pursuant to a search incident to arrest). We have also ruled that “personal papers” which are on a defendant at the time of an arrest are subject to search. United States v. Richardson, 764 F.2d 1514, 1527 (11th Cir. 1985). Thus, the search of the notebook found in her purse was within the scope of a lawful search incident to arrest.