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MI: FTA arrest supported search incident, creating a conflict with MO

By John Wesley Hall, Jr.

An arrest on a failure to appear warrant permitted a search incident. "It is not the reason for the arrest, but that an arrest must be made that creates risk of harm to the arresting officer." The court notes it expressly disagrees with State v. Bradshaw, 99 S.W.3d 73 (Mo. App. 2003) [inviting SCOTUS review]. People v. Mungo, 2008 Mich. App. LEXIS 140 (January 17, 2008): It is not the reason for the arrest, but that an arrest must be made that creates risk of harm to the arresting officer. Upon discovering that at least one warrant was issued for Dixon's arrest, Deputy Stuck was obligated by statute to arrest Dixon. MCL 764.9e; MCL 764.1b. We conclude that in carrying out his statutory duty, Deputy Stuck was not constitutionally precluded from searching the area Dixon occupied just prior to his arrest...continue to full post

Full post as published by Fourth Amendment on January 20, 2008 (boomark / email).