{"id":24017,"date":"2016-10-10T00:01:50","date_gmt":"2016-10-10T05:01:50","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24017"},"modified":"2016-10-09T20:36:29","modified_gmt":"2016-10-10T01:36:29","slug":"az-search-incident-of-defs-backpack-in-next-room-when-he-was-handcuffed-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=24017","title":{"rendered":"AZ: Search incident of def&#8217;s backpack in next room when he was handcuffed was unreasonable"},"content":{"rendered":"<p>\u201cThe state argues Snyder&#8217;s backpack was within his immediate control because it was next to the entrance of the room in the security office where Snyder was detained. According to the state, Snyder could have \u2018quickly reached the backpack (notwithstanding the handcuffs) in order to obtain a weapon or destroy evidence.\u2019 We disagree.\u201d <a href=\"https:\/\/www.appeals2.az.gov\/Decisions\/CR20150077%20Opinion.pdf\">State v. Snyder<\/a>, 2016 Ariz. App. LEXIS 251 (Oct. 7, 2016).<\/p>\n<p>The officer received an anonymous report of an argument between a man and a woman but found nothing to corroborate it when he got to the scene. The stop of defendant\u2019s car was merely on a hunch they were involved. <a href=\"http:\/\/www.courts.mo.gov\/file.jsp?id=106235\">State v. McCarty<\/a>, 2016 Mo. App. LEXIS 988 (Oct. 4, 2016).*<\/p>\n<p>Defendant\u2019s breath test was constitutionally valid under Birchfield. <a href=\"https:\/\/www.appeals2.az.gov\/Decisions\/CR20160020Opinion.pdf\">State v. Navarro<\/a>, 2016 Ariz. App. LEXIS 250 (Oct. 7, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cThe state argues Snyder&#8217;s backpack was within his immediate control because it was next to the entrance of the room in the security office where Snyder was detained. According to the state, Snyder could have \u2018quickly reached the backpack (notwithstanding &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=24017\">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":[55,35,26],"tags":[],"class_list":["post-24017","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-reasonable-suspicion","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24017","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=24017"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24017\/revisions"}],"predecessor-version":[{"id":24018,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24017\/revisions\/24018"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24017"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24017"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24017"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}