Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

CT: Arrest in living room permitted SI of nearby kitchen counter 6-8' away

By John Wesley Hall, Jr.

Search incident of the kitchen counter 6-8' from him when defendant was arrested face down on the living room floor was reasonable. State v. Williams, 2008 Conn. App. LEXIS 441 (September 16, 2008): The defendant argues that under the circumstances of this case, the kitchen counter was not within his immediate control because there was little or no probability that he could have launched an attack on the police from his position face down and handcuffed in the living room. This argument has been rejected under more dubious circumstances. See State v. Fletcher, 63 Conn. App. 476, 481-82, 777 A.2d 691 (valid search incident to arrest when police handcuffed defendant, then opened closet four feet next to where he was standing, moved pile of clothing to reveal floorboards, removed floorboards themselves and discovered hidden cavity containing contraband), cert...continue to full post

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