The government\u2019s search incident theory to sustain a search of defendant\u2019s messenger bag days after his arrest is rejected. \u201cThe fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns were present at the time Javat’s messenger bag was searched. Nor did any other compelling reason or other exigency exist which would justify bypassing the warrant requirement.\u201d It also cannot be sustained under the community caretaking exception. United States v. Javat, 2019 U.S. Dist. LEXIS 133453 (S.D. Fla. Aug. 8, 2019).<\/p>\n
Defendant\u2019s plea agreement waived any claim to the firearms involved in his case, so he\u2019s not entitled to return under Rule 41(g) because they were forfeited. He attempted transfer to his son. Wilhelm v. United States, 2019 U.S. Dist. LEXIS 134316 (E.D. Mo. Aug. 9, 2019).*<\/p>\n
On a traffic stop, the officer seeing a meth pipe in the back seat was plain view and probable cause. United States v. Rogers, 2019 U.S. Dist. LEXIS 133754 (D. Neb. July 5, 2019),* adopted, 2019 U.S. Dist. LEXIS 132405 (D. Neb. Aug. 5, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The government\u2019s search incident theory to sustain a search of defendant\u2019s messenger bag days after his arrest is rejected. \u201cThe fundamental purpose of the search incident to arrest exception is to ensure safety and safeguard evidence. Neither of these concerns … Continue reading