{"id":22827,"date":"2016-07-04T00:03:43","date_gmt":"2016-07-04T05:03:43","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22827"},"modified":"2016-07-03T17:25:29","modified_gmt":"2016-07-03T22:25:29","slug":"ia-defs-search-may-have-violated-plain-feel-when-drugs-removed-but-search-incident-would-have-occurred-shortly","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22827","title":{"rendered":"IA: Def&#8217;s search may have violated \u201cplain feel\u201d when drugs removed, but search incident would have occurred shortly"},"content":{"rendered":"<p>The search of defendant may have violated \u201cplain feel\u201d because the drugs in his pocket obviously weren\u2019t a weapon, it was inevitably discovered because it was the product of a search incident for finding drugs on the car. <a href=\"http:\/\/www.iowacourts.gov\/About_the_Courts\/Court_of_Appeals\/Court_of_Appeals_Opinions\/Recent_Opinions\/20160629\/15-0246.pdf\">Stephen v. State<\/a>, 2016 Iowa App. LEXIS 704 (June 29, 2016).<\/p>\n<p>Defendant\u2019s warrantless blood draw was permitted by statute, but it was unconstitutional. \u201cThe State contends that Sergeant West acted in good faith reliance on section 724.012(b) because he followed a mandatory statutory procedure that had not yet been held unconstitutional. We agree that Sergeant West acted in good faith. However, there is no good faith exception under Texas law for reliance on a statute later held to be unconstitutional or not applicable.\u201d <a href=\"http:\/\/www.search.txcourts.gov\/SearchMedia.aspx?MediaVersionID=4a196bea-31d9-4d07-b958-1fbb04f47c96&#038;MediaID=ed5f5165-c27e-4c78-8856-bb50fb8eead5&#038;coa=COA02&#038;DT=Opinion\">Bonsignore<\/a> v. State, 2016 Tex. App. LEXIS 6986 (Tex.App. \u2013 Ft. Worth June 30, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search of defendant may have violated \u201cplain feel\u201d because the drugs in his pocket obviously weren\u2019t a weapon, it was inevitably discovered because it was the product of a search incident for finding drugs on the car. Stephen v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22827\">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":[55,68],"tags":[],"class_list":["post-22827","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-inevitable-discovery"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22827","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=22827"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22827\/revisions"}],"predecessor-version":[{"id":22828,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22827\/revisions\/22828"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22827"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22827"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22827"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}