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A merely citable traffic offense does not justify a search incident

By John Wesley Hall, Jr.

A traffic offense that does not support an arrest does not justify a search incident. Combs v. State, 2008 Ind. App. LEXIS 29 (January 16, 2008). Federales conducted a warrant sweep in public housing based on a determination that fugitives were living in public housing. A phone call was made concerning whether the defendant would be extradited if arrested, and they were assured that he would be. He contended that they would not bother to extradite. When the entry was made on the warrant, a gun was found and that was what he was prosecuted for. The entry was reasonable, and defendant cites no authority for the fact that the other jurisdiction really did not want to bother to extradite did not make it unreasonable. United States v. Jones, 2008 U...continue to full post

Full post as published by Fourth Amendment on January 19, 2008 (boomark / email).