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SC: SI or automobile or inventory search of a duffle bag all fail because arrest was for open container

By John Wesley Hall, Jr.

Defendant was arrested for an open container and was handcuffed and put in a police car. Officers then searched a duffle bag that he had with him. The search incident of the duffle bag was unreasonable because the offense was complete and further evidence would not logically be found. The state’s alternative argument of probable cause for a vehicle search failed for the same reason, and the officer did not even take the beer can as evidence. The state’s next alternative of inventory fails because it did not even put on evidence to support inventory. State v. Brown, 2010 S.C. App. LEXIS 93 (June 14, 2010).* “Even assuming that the entry of the police officers into the residence located at 5330 Venus Street in New Orleans and initial security sweep of the premises occurred without exigent circumstances or consent and thus amounted to an illegal search of the dwelling, when officers have probable cause to believe that evidence of criminal activity is on the premises, they may temporarily secure the dwelling to protect themselves and to prevent the removal or destruction of evidence to preserve the status quo while obtaining a search warrant...continue to full post

Full post as published by Fourth Amendment on June 23, 2010 (boomark / email).