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 to suppress. “Moreover, even if the officers had testified that they believed a weapon was in the bag, there was no possibility of Brown accessing the bag while he was handcuffed and sitting in a chair away from the bag.” [It likely wasn’t abandoned anyway.] United States v. Brown, 2021 U.S. App. LEXIS 32025 (11th Cir. Oct. 26, 2021).

New York provides ample opportunities for state criminal defendants to challenge the legality of searches and seizures of their stuff, and defendant did that and lost. So, he can’t relitigate it yet again. Brown v. New York, 2021 U.S. Dist. LEXIS 205321 (W.D.N.Y. Oct. 25, 2021).*

The search of defendant’s vehicle was valid under either the automobile exception or search incident. Before defendant was removed and handcuffed, officers could see a baggie in the car. They could search after he was secured. United States v. Svarda, 2021 U.S. Dist. LEXIS 205398 (N.D.Cal. Oct. 25, 2021).*

This entry was posted in Abandonment, Automobile exception, Issue preclusion, Search incident. Bookmark the permalink.

Comments are closed.