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E.D. Wash.: Motor home was subject to temporary seizure under McArthur

By John Wesley Hall, Jr.

Defendant's search incident was valid without an independent showing of need for it, and court permitted him to preserve an argument that it might be invalid if Arizona v. Gant (argued October 7th) comes out favorably to him. Also, defendant's motor home could be temporarily seized to protect against loss of evidence under McArthur. United States v. Grote, 2009 U.S. Dist. LEXIS 30919 (E.D. Wash. March 26, 2009).* The defendant had no reasonable expectation of privacy in the common areas of his mother's apartment complex where he had an expectation of privacy in her apartment. "Contrary to Defendant's contention, the presence of a locked entryway and a sign on the door stating 'no visitors unless accompanied by a resident' does not demand a different result...continue to full post

Full post as published by Fourth Amendment on April 16, 2009 (boomark / email).