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E.D. Tenn.: A money counting machine found during execution of a drug warrant was found in plain view and was apparently evidence of money laudering

By John Wesley Hall, Jr.

Seizure of a cellphone incident to arrest for a drug offense was reasonable. In the warrant for the defendant's property, a money counting machine was properly seized in plain view. United States v. Reynolds, 2009 U.S. Dist. LEXIS 71057 (E.D. Tenn. June 4, 2009): The United States Supreme Court has held that law enforcement may search a vehicle incident to a lawful arrest when "it is reasonable to believe evidence relevant to the crime of arrest might be found in the vehicle." Arizona v. Gant, 129 S. Ct. 1710, 173 L. Ed. 2d 485, 2009 U.S. LEXIS 3120, at *20 (2009). In this case, defendant Smith was arrested for alleged possession of a controlled substance, marijuana. Given the circumstances surrounding defendant's arrest, it was reasonable for the officers to believe that a search of defendant Smith's vehicle would produce evidence related to that crime, and therefore the officers were justified in conducting a warrantless search of defendant Smith's vehicle as an incident to his arrest...continue to full post

Full post as published by Fourth Amendment on August 17, 2009 (boomark / email).