S.D.N.Y.: Pants could be searched incident to arrest when defendant arrested in his underwear

Defendant was arrested in his underwear, and it was reasonable for officers to search his pants before he put them on. A USB drive and his NY DL were found. His iPhone and iPod were also lawfully seized because they were within three feet of him when he was arrested. United States v. Meregildo, 883 F. Supp. 2d 523 (S.D. N.Y. 2012).

Defendant was stopped as matching the description of a burglar who had just left a dwelling and was seen on the street blocks away when the officer found him, matching the description, and having the first name of the burglar who was known to the victim. An object of the theft reported to the police was a bank card. In a search incident, the victim’s bank card was found in his pocket. When the victim was presented with the opportunity to make an ID, he said that the defendant was not the one. There was still probable cause for the search incident to arrest. The victim’s refusal to make an ID didn’t require the questioning end. Southall v. State, 2012 Alas. App. LEXIS 147 (September 26, 2012).*

A supervisor set up this roadblock, not a line officer, and that was sufficient under state law. Williams v. State, 317 Ga. App. 658, 732 S.E.2d 531 (2012).*