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Search incident: may occur prior to arrest; 30 minutes later not too late

By John Wesley Hall, Jr.

A search incident to arrest may occur prior to the arrest. State v. Abrams, 2008 Ohio 94, 2008 Ohio App. LEXIS 69 (12th Dist. January 14, 2008).* A search incident of a backpack 30 minutes after arrest was still "contemporaneous." State v. Malloy, 2008 Colo. App. LEXIS 8 (January 10, 2008).* When officers have subdued a person in his own home for his own protection, the officers are not authorized to search the entire residence under the emergency-aid exception unless specific information exists to support entry into other areas of the home, such as an immediate threat to the subdued person from elsewhere in the residence or another person who may be injured or in need of immediate assistance elsewhere in the residence. State v. Jeffery, 2008 Kan...continue to full post

Full post as published by Fourth Amendment on January 15, 2008 (boomark / email).