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D.S.C.: Defendant's bag in his hands was subject to inventory on his custodial arrest

By John Wesley Hall, Jr.

Defendant was the apparent subject of a 911 caller about an indecent exposure complaint of a man in dreadlocks with a white shirt at a particular place. Defendant matched the description, and his encounter with the police, including his patdown was purely by consent. When defendant was arrested, the bag with him was properly inventoried. United States v. White, 2010 U.S. Dist. LEXIS 113991 (D. S.C. October 26, 2010).* 2255 petitioner’s Gant claim was unreviewable in post-conviction under Stone v. Powell. [He did not allege an IAC claim. Note to readers: I almost never include case citing Stone. If criminal defense lawyers don’t know that by now, they are beyond my help here. You have to tie the Fourth Amendment claim to an IAC claim via Kimmelman...continue to full post

Full post as published by Fourth Amendment on October 30, 2010 (boomark / email).