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 to a drug test. He is found to have consciously avoided raising the Fourth Amendment in the disciplinary process, instead presenting it on appeal. The circuit court remanded for more findings on that. The court of appeals, however, reversed for waiver. Commonwealth Dep’t of Corr. v. Garrett , 2022 Va. App. LEXIS 57 (Mar. 8, 2022) (unpublished).

“Case’s petition [for supervisory review] is insufficient to meet his threshold burden of demonstrating that the District Court is proceeding under a manifest mistake of law, much less that ordinary appeal will be an inadequate remedy.” He still has a right to appeal. Case v. Mont. Third Jud. Dist. Ct., 2022 Mont. LEXIS 198 (Mar. 8, 2022).*