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CA9: Search incident of closed containers in a car was invalid where defendant was handcuffed in a police car

By John Wesley Hall, Jr.

Search incident of closed containers in a car without probable cause was invalid as a search incident. The defendant was handcuffed and in a police car at the time, and there was no exigency. United States v. Maddox, 09-30284(9th Cir. August 12, 2010): Contrary to the dissent’s opening description, this was not a search of Maddox’s person incident to arrest. Maddox’s person was handcuffed in the back of the squad car, incapable of either destroying evidence or presenting any threat to the arresting officer. While the key chain was within Maddox’s immediate control while he was arrested, subsequent events—namely Officer Bonney’s handcuffing of Maddox and placing Maddox in the back of the patrol car—rendered the search unreasonable...continue to full post

Full post as published by Fourth Amendment on August 13, 2010 (boomark / email).