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 that the bag come with him. United States v. Hale, 2020 CCA LEXIS 357 (N.-M. Ct. Crim. App. Oct. 5, 2020):

On the facts presented here, we find the detective’s search of Appellant’s gym bag for weapons was lawfully conducted incident to Appellant’s apprehension. As the military judge properly found, the bag was in a gym locker at the time Appellant was apprehended. Appellant specifically notified the arresting officers of the bag and requested that they open it to retrieve his truck keys, to minimize any damage to his truck when it was towed to the APD station. Thus, at Appellant’s own request, the bag and its contents became “effects within his possession” at the place of detention, as opposed to closed baggage subject to the greater restrictions imposed under Chadwick. This request effectively caused the bag to become “immediately associated with his person” at the time of his apprehension.