{"id":4957,"date":"2011-02-01T07:57:40","date_gmt":"2010-12-02T18:07:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-02T18:19:37","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=4957","title":{"rendered":"MS: Handcuffed suspect could have still reached car such that a search incident of the car was valid"},"content":{"rendered":"

Handcuffed suspect could have still reached car such that a search incident of the car was valid. [!] Johnson v. State<\/a>, 49 So. 3d 130 (Miss. App. 2010)*:<\/p>\n

P12. Further, in rejecting Johnson’s motion to suppress, the circuit court also observed that there are many instances where a handcuffed suspect may still “obtain weaponry or other items to the detriment and danger” of law enforcement. The United States Court of Appeals for the Fifth Circuit also has noted this danger, stating:<\/p>\n

Handcuffs are a temporary restraining device; they limit but do not eliminate a person’s ability to perform various acts. They obviously do not impair a person’s ability to use his legs and feet, whether to walk, run, or kick. Handcuffs do limit a person’s ability to use his hands and arms, but the degree of the effectiveness of handcuffs in this role depends on a variety of factors, including the handcuffed person’s size, strength, bone and joint structure, flexibility, and tolerance of pain. Albeit difficult, it is by no means impossible for a handcuffed person to obtain and use a weapon concealed on his person or within lunge reach, and in so doing to cause injury to his intended victim, to a bystander, or even to himself. Finally, like any mechanical device, handcuffs can and do fail on occasion.<\/p><\/blockquote>\n

United States v. Sanders, 994 F.2d 200, 209 (5th Cir. 1993) (emphasis added) (footnote omitted). The circuit judge, sitting as the fact-finder, was in the best position to evaluate the evidence, such as Johnson’s height and build and his proximity to the vehicle, based on the totality of the circumstances. Thus, we agree with the circuit court’s finding that it was reasonable for law enforcement to search the front area of the car in order to ensure officer safety. We find that the circuit court did not abuse its discretion in denying Johnson’s motion to suppress as credible evidence existed to support the ruling. This issue is without merit.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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