{"id":58561,"date":"2024-08-04T12:22:35","date_gmt":"2024-08-04T17:22:35","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58561"},"modified":"2024-08-04T12:25:22","modified_gmt":"2024-08-04T17:25:22","slug":"md-no-fixed-distance-for-si-here-handcuffed-defs-coat","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58561","title":{"rendered":"MD: No fixed distance for SI; here, handcuffed def&#8217;s coat"},"content":{"rendered":"\n<p>Officers entered with an arrest warrant and found defendant in bed. He was handcuffed. Getting his clothing to dress him, a gun was found in a coat. This was valid as a search incident, despite his being handcuffed. Also, there is no definitive distance from the object search for search incident. <a href=\"https:\/\/www.courts.state.md.us\/data\/opinions\/cosa\/2024\/0134s23.pdf\">Borges v. State<\/a>, 2024 Md. App. LEXIS 576 (Aug. 1, 2024) (&#8220;See Feaster, 206 Md. App. at 237 (&#8216;As long as the arrest scene retains any potential of volatility, however, the courts, unwilling to risk a dead officer, will look on the arrestee as if he were Harry Houdini. The controversial calls almost invariably will go to the State.&#8217;)&#8221;<\/p>\n\n\n\n<p>\u201cEven assuming that Gemelli&#8217;s allegations regarding material omissions in the affidavit are true, the reconstructed affidavit still contains sufficient facts to lead a prudent person to believe that a crime had been committed.\u201d Gemelli v. Nicosia, 2024 U.S. App. LEXIS 19199 (5th Cir. Aug. 1, 2024).*<\/p>\n\n\n\n<p>In a Terry stop, handcuffing with reasonable suspicion the detainee is possibly armed and dangerous is reasonable. Est. of Richards v. City of N.Y., 2024 U.S. Dist. LEXIS 136610 (S.D.N.Y. July 31, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers entered with an arrest warrant and found defendant in bed. He was handcuffed. Getting his clothing to dress him, a gun was found in a coat. This was valid as a search incident, despite his being handcuffed. Also, there &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58561\">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":[21,26,4],"tags":[],"class_list":["post-58561","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-search-incident","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58561","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=58561"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58561\/revisions"}],"predecessor-version":[{"id":58564,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58561\/revisions\/58564"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58561"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58561"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58561"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}