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WA: Arrest and handcuffing everybody in the car made a search incident unlawful because nobody could get to the car

By John Wesley Hall, Jr.

Everybody was ordered out of the car and they were handcuffed. A search incident at that point was not lawful because nobody could get to the car to conceal or destroy evidence. State v. Chesley, 2010 Wash. App. LEXIS 2269 (October 5, 2010).* An officer saw members of a gang chasing after others, the defendant with a brick in his hand apparently planning on using it on somebody. Based on what he saw and heard, he had probable cause to arrest the defendant for possession of a deadly weapon. In re J.G., 2010 Cal. App. LEXIS 1724 (4th Dist. October 6, 2010).* Defendant sought a supervisory writ over pretrial suppression issues, and the denial of the writ precludes appellate review of the same issue. State v. Marinello, 2010 La. App. LEXIS 1331 (3d Cir...continue to full post

Full post as published by Fourth Amendment on October 13, 2010 (boomark / email).