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

Criminal Law

: Fourth Amendment

IN: Refuses to adopt minority rule defendant must testify to preserve search issue

By John Wesley Hall, Jr.

Search incident can go to the defendant's buttocks when there was concern he still had drug on him, which would have meant the drugs would come into the jail. Court refuses to adopt the minority rule that the defendant cannot complain on appeal of an alleged illegal search unless he also testified at trial. Hendricks v. State, 2008 Ind. App. LEXIS 2563 (December 12, 2008).* Bell v. Wolfish factors applies to all jail searches and not just strip searches. Powell v. State, 2008 Ind. App. LEXIS 2559 (December 11, 2008). Disorderly conduct arrest supports search incident. State v. Hansen, 2008 Iowa App. LEXIS 1251 (December 17, 2008).*

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