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S.D.Iowa: SI of gym bag violated Gant

By John Wesley Hall, Jr.

Search incident of defendant's gym bag was invalid under Gant because defendant arrested in a taxicab, handcuffed, the bag was in the taxi, and then the officers decided to search the gym bag. Suppression hearing was pre-Gant, and it was rebriefed after Gant. United States v. Allison, 2009 U.S. Dist. LEXIS 73808 (S.D. Iowa July 24, 2009): Here, Defendant was handcuffed behind his back, leaning against the rear bumper of the taxicab, while surrounded by three law enforcement officers. Deputy Shepherd testified that Defendant was under control at the time Deputy Hedgecock removed the gym bag from the taxi-cab. Defendant had no ability to access the interior of the taxicab, much less the contents of the gym bag. Shipp, too, was in custody and had been placed in the back of Officer Purcell's squad car...continue to full post

Full post as published by Fourth Amendment on August 23, 2009 (boomark / email).