{"id":12865,"date":"2014-08-07T17:12:19","date_gmt":"2014-08-07T22:12:19","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12865"},"modified":"2014-08-07T17:12:19","modified_gmt":"2014-08-07T22:12:19","slug":"wa-defendant-was-separated-from-his-backpack-so-it-couldnt-be-searched-incident-to-arrest","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12865","title":{"rendered":"WA: Defendant was separated from his backpack, so it couldn&#8217;t be searched incident to arrest"},"content":{"rendered":"<p>During a Terry stop, the officer separated defendant from his backpack, and the backpack was searched about 10 minutes later when defendant was placed under arrest. The backpack was thus not on defendant&#8217;s person nor within his area of control at the time of his arrest. While the officer had probable cause to arrest defendant when he seized the backpack, it was the arrest itself that constituted the necessary authority of law to search under Wash. Const. art. I, \u00a7 7. <a href=\"http:\/\/www.courts.wa.gov\/opinions\/index.cfm?fa=opinions.showOpinion&#038;filename=673343MAJ\">State v. Brock<\/a>, 2014 Wash. App. LEXIS 1892 (August 4, 2014).*<\/p>\n<p>Even assuming a Franks violation [which there wasn\u2019t] excising the allegedly offending information still leaves probable cause. United States v. Harris, 2014 U.S. Dist. LEXIS 106235 (W.D. La. July 1, 2014).*<\/p>\n<p>The CI was adequately corroborated under Aguilar-Spinelli [which Tennessee still recognizes], and that was probable cause. State v. Williams, 2014 Tenn. Crim. App. LEXIS 767 (August 4, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>During a Terry stop, the officer separated defendant from his backpack, and the backpack was searched about 10 minutes later when defendant was placed under arrest. The backpack was thus not on defendant&#8217;s person nor within his area of control &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12865\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21,44,26],"tags":[],"class_list":["post-12865","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-informant-hearsay","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12865","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12865"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12865\/revisions"}],"predecessor-version":[{"id":12866,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12865\/revisions\/12866"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12865"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12865"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12865"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}