{"id":56542,"date":"2023-12-15T11:40:45","date_gmt":"2023-12-15T16:40:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=56542"},"modified":"2023-12-15T11:40:45","modified_gmt":"2023-12-15T16:40:45","slug":"oh7-taking-backpack-of-arrestee-to-handcuff-doesnt-make-it-not-subject-to-search-incident","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56542","title":{"rendered":"OH7: Taking backpack of arrestee to handcuff doesn&#8217;t make it not subject to search incident"},"content":{"rendered":"\n<p>\u201cAppellant had the bag on her back at the time the officer arrested her for obstructing official business. The officer&#8217;s removal of the bag from the arrestee in order to handcuff her did not eliminate his ability to search the bag incident to her arrest after he finished dealing with the non-compliant driver. As Appellant had immediate control of the bag at the time of her arrest, it was validly searched under the search incident to arrest exception to the warrant requirement. Robinson, 414 U.S. at 223-24; Adams, 144 Ohio St.3d 429 at \u00b6 182.\u201d <a href=\"https:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/7\/2023\/2023-Ohio-4503.pdf\">State v. Green<\/a>, 2023-Ohio-4503, 2023 Ohio App. LEXIS 4341 (7th Dist. Dec. 8, 2023).<\/p>\n\n\n\n<p>The Coast Guard boarding defendant\u2019s vessel 80 miles NW of and heading toward Puerto Rico was not an unreasonable stop and search. United States v. Rosario-Polanco, 2023 U.S. Dist. LEXIS 221151 (D.P.R. Dec. 11, 2023).*<\/p>\n\n\n\n<p>This officer\u2019s hitting plaintiff in the leg with a police baton can be a seizure if excessive. Corona v. Hunter, 2023 U.S. Dist. LEXIS 221583 (D. Ariz. Dec. 13, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cAppellant had the bag on her back at the time the officer arrested her for obstructing official business. The officer&#8217;s removal of the bag from the arrestee in order to handcuff her did not eliminate his ability to search the &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56542\">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":[97,26,69],"tags":[],"class_list":["post-56542","post","type-post","status-publish","format-standard","hentry","category-foreign-searches","category-search-incident","category-seizure"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56542","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=56542"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56542\/revisions"}],"predecessor-version":[{"id":56543,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56542\/revisions\/56543"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56542"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56542"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56542"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}