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Search incident of a closet near defendant was valid

By John Wesley Hall, Jr.

Search incident of a closet off a small room where defendant was arrested was valid. He was arrested on a warrant for possession of a weapon, and it was reasonable to believe that he might have a weapon nearby. State v. Wesley, 2008 Wisc. App. LEXIS 338 (May 6, 2008). Officers knocked on defendant's hotel room door, and he opened the door. He could have done nothing. His opening the door enabled the police to see contraband in plain view. Bouyer v. State, 2008 Tex. App. LEXIS 3261 (Tex. App. — San Antonio May 7, 2008).*

Full post as published by Fourth Amendment on May 11, 2008 (boomark / email).