{"id":23188,"date":"2016-08-02T00:02:30","date_gmt":"2016-08-02T05:02:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23188"},"modified":"2016-08-02T11:09:18","modified_gmt":"2016-08-02T16:09:18","slug":"ks-search-incident-does-require-actual-proof-of-threat-to-officer-safety-just-a-reasonable-belief-its-a-risk","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=23188","title":{"rendered":"KS: Search incident does require actual proof of threat to officer safety, just a reasonable belief it’s a risk"},"content":{"rendered":"

To invoke the search incident doctrine, \u201cthe State need not prove that the officer’s safety was actually in jeopardy or that the officer believed his or her safety was in jeopardy before the officer has authority to seize personal property that is within the arrestee’s immediate control.\u201d Defendant placed his wallet on a dresser within reach, and the officer thus could search it. Birchfield reaffirms that categorical rules apply in search incident cases. State v. Wissing<\/a>, 2016 Kan. App. LEXIS 45 (July 29, 2016).<\/p>\n

Defendant was stopped for no seat belt after turning abruptly to avoid the officer. \u201cTrooper Organ immediately recognized her name as appearing on National Precursor Log Exchange (NPLEx) reports \u2018in the past.\u2019\u201d Her story about where she was going didn\u2019t make sense and changed. Her passenger was overly excited. After checking for warrants, he asked her about buying pseudoephedrine nine times in the last year. When asked where it was she said either home or she sold it. He had reasonable suspicion at this point. Harris v. State<\/a>, 2016 Ind. App. LEXIS 264 (July 27, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"

To invoke the search incident doctrine, \u201cthe State need not prove that the officer’s safety was actually in jeopardy or that the officer believed his or her safety was in jeopardy before the officer has authority to seize personal property … Continue reading →<\/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":[35,26],"tags":[],"class_list":["post-23188","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23188","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=23188"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23188\/revisions"}],"predecessor-version":[{"id":23215,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23188\/revisions\/23215"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23188"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23188"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23188"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}