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Search of passenger's purse incident to driver's PV arrest invalid

By John Wesley Hall, Jr.

Search of a passenger's purse incident to the driver's arrest on a parole violation was unlawful. United States v. Mataafa, 2008 U.S. Dist. LEXIS 100419 (E.D. Cal. December 1, 2008)* (citing United States v. Welch, 4 F.3d 761, 764 (9th Cir. 1993) (consent does not reach to passenger's purse), United States v. Vaughan, 718 F.2d 332 (9th Cir. 1983) (search incident of passenger's briefcase unlawful). Defendant had no reasonable expectation of privacy in jail telephone calls to persons other than his lawyer. United States v. Morris, 2008 U.S. Dist. LEXIS 100296 (W.D. Pa. December 8, 2008).* Officer had reasonable suspicion: "(1) she had received information that gunshots had been fired in the 200 block area of Dinwiddie St., a high crime area; (2) moments later she observed Defendant proceeding from that same area to 5th Ave...continue to full post

Full post as published by Fourth Amendment on December 14, 2008 (boomark / email).