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WI: Search incident to a citation invalid

By John Wesley Hall, Jr.

A search incident to a citation is invalid. State v. Marten-Hoye, 2008 Wisc. App. LEXIS 64 (January 24, 2008): P13 Thus, the United States Supreme Court has interpreted the Fourth Amendment as allowing searches incident to arrests, see Robinson, 414 U.S. at 224-26, but not searches incident to issuing citations, see Knowles, 525 U.S. at 116-19. Marten-Hoye, therefore, categorizes the police conduct in this case as analogous to the conduct in Knowles, and argues that Ben-Ami conducted an impermissible "search incident to citation." The State, however, distinguishes Knowles on the grounds that there, the police issued a citation rather than arresting Knowles. The State argues that here, Ben-Ami effected an arrest of Marten-Hoye rather than detaining her merely to issue a citation, because the police action amounted to an arrest and, unlike in Knowles, Marten-Hoye was not issued a citation before she was searched...continue to full post

Full post as published by Fourth Amendment on January 28, 2008 (boomark / email).