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N.M.: Search of black bag in purse in looking for DL in separate wallet was unreasonble

By John Wesley Hall, Jr.

Defendant was a passenger in a stolen car that was tracked by its GPS to a house where the car was stopped, still in the driveway. She and the driver were handcuffed and arrested. She was asked about her ID, and she said it was in her wallet in her purse in the passenger seat. The officer's search of a small black bag within the purse that was not the wallet was unreasonable and invaded her reasonable expectation of privacy. The black bag obviously was not in plain view. State v. Bond, 2011 N.M. App. LEXIS 15 (March 17, 2011).* Defendant’s Ohio parole officer had reasonable suspicion for a search of defendant’s believed residence because the PO saw him come and go from there as a potential resident, and he was registered as living elsewhere...continue to full post

Full post as published by Fourth Amendment on March 23, 2011 (boomark / email).