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, or a need to preserve evidence from destruction or concealment, the search incident to arrest exception to the requirement to obtain a warrant does not apply.” Neither does inevitable discovery. State v. Lelm, 2021 ND 118 (July 8, 2021).

The CI consented to planting a recording device in his car to record defendant, and that made recording their conversation reasonable. United States v. Sandeen, 2021 U.S. Dist. LEXIS 127804 (D. Haw. July 7, 2021).

Shooting a man making a suicide threat and holding a shotgun as he advanced on the officers was reasonable. Tucker v. Marquette Cty., 2021 U.S. App. LEXIS 20366 (6th Cir. July 7, 2021).*

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