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W.D.Wis.: SI may precede actual arrest

By John Wesley Hall, Jr.

Search incident may precede actual arrest if there is probable cause. [The case law has supported this for at least 40 years.] United States v. McCauley, 2010 U.S. Dist. LEXIS 17162 (W.D. Wis. February 2, 2010). CI’s controlled buy was probable cause for search warrant. State v. Dee, 2010 La. App. LEXIS 245 (La. App. 5th Cir. February 23, 2010).* Defendant was not bring pursued when he ran and tossed a gun. The officer walked into an area where defendant was, and apparently was not even focused on defendant when he took off and dropped the gun. State v. Loeb, 2010 La. App. LEXIS 248 (La. App. 5th Cir. February 23, 2010).* While this was a really close case, the court finds reasonable suspicion for defendant’s stop eventual patdown...continue to full post

Full post as published by Fourth Amendment on March 01, 2010 (boomark / email).