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Criminal Law

: Fourth Amendment

CT: Shoes could be seized on arrest

By John Wesley Hall, Jr.

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Defendant's shoes were properly seized on his arrest for fear that they might be disposed of. A shoeprint tied the defendant to the scene of the crime. State v. Fana, 2008 Conn. App. LEXIS 419 (August 26, 2008). Recovery of a DVD from defendant's person as a search incident for theft of DVDs was proper. Breaston v. State, 2008 Ind. App. LEXIS 1940 (August 27, 2008).* Defendant's stop for a traffic offense led to his fidgeting and relating of impossible travel plans, both of which led the officer to believe defendant was under the influence of drugs. That led to a valid detention to bringing in a dog which alerted. United States v. Hogan, 2008 U.S. App. LEXIS 18346 (8th Cir. August 27, 2008).*

Full post as published by Fourth Amendment on August 30, 2008 (boomark / email).

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