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WY: Arrest for violation of an order of protection permitted a search incident

By John Wesley Hall, Jr.

Arrest for violation of an order of protection permitted a search incident, despite a dearth of findings from the district court. Sam v. State, 2008 WY 25, 2008 Wyo. LEXIS 26 (March 6, 2008) (3-2): [*P13] Because it is dispositive of this appeal, we will limit our consideration only to that exception which sanctions a search of the automobile for evidence which might relate to the crime for which Sam was arrested. Sam was arrested for multiple reasons, but the record is clear that the initial stop and the initial arrest were for violations of a protection order. Our careful review of the record convinces us that Beck's search of Sam's car was reasonable under all of the circumstances detailed above. That the cursory search of the car's interior uncovered evidence of the possession with intent to deliver proscribed narcotics, rather than evidence of the violation of the protection order, does not negate the admissibility of that evidence under our Vasquez rule...continue to full post

Full post as published by Fourth Amendment on March 10, 2008 (boomark / email).