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WI: SI of car where defendant handcuffed and in police car is valid

By John Wesley Hall, Jr.

Defendant was stopped by a game warden and got out of his truck and went back to the officer. The officer told him to get back in the truck. Instead, he locked it. He resisted the officer who was going to arrest him for driving on a revoked license. He was wrestled to the ground, handcuffed, and put into a the police car. The passenger compartment of his truck was searched by the game warden, and it was valid as a search incident. State v. Dearborn, 2008 Wisc. App. LEXIS 570 (July 24, 2008): P46 We conclude our decision in Littlejohn, 2008 WI App 45, 747 N.W.2d 712 [2008], is controlling and resolves this issue against Dearborn. As in this case, in Littlejohn the police searched the passenger compartment of the defendant's vehicle after he was arrested outside the vehicle, handcuffed, and secured in a police vehicle at the scene...continue to full post

Full post as published by Fourth Amendment on July 31, 2008 (boomark / email).