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MT: Arrest for possession of pepper spray by a prohibited person justified search of his fanny pack

By John Wesley Hall, Jr.

Defendant’s possession of pepper spray was unlawful because of his record, and, on his arrest, his fanny pack could be searched incident to his arrest. State v. Pearson, 2011 MT 55, 2011 Mont. LEXIS 56 (March 23, 2011).* Defendant was lawfully stopped for crossing the centerline and speeding. After he turned over his paperwork, he fled on foot. That was an abandonment. United States v. Parker, 2011 U.S. Dist. LEXIS 29611 (E.D. Tenn. February 14, 2011).* The trial court credited that defendant had consented to a search of his house, even after an illegal entry. Park v. State, 2011 Ga. App. LEXIS 265 (March 23, 2011).* The CI’s information that she had done drugs in defendant’s house led to a controlled buy and that was probable cause...continue to full post

Full post as published by Fourth Amendment on March 26, 2011 (boomark / email).