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CA11: Under mattress with within "grab area" of man in room

By John Wesley Hall, Jr.

Searching under a mattress was within the "grab area" for search incident purposes. The officers had legitimate fear of the risk of weapons where the person was detained. It was not the defendant, but it led to evidence against the defendant. United States v. Bennett, 2009 U.S. App. LEXIS 993 (11th Cir. January 21, 2009). An officer pulled up along side a heavily tinted car in a "'very violent' area," and he saw the defendant with his arms raised, cell phone in one hand, money in another. He approached the car, and the arms went down. He asked to see the hands, and the defendant did not respond. He opened the door, and got the defendant out finding a gun in his waist band. This was sufficiently "unusual" conduct under Terry to permit the officer to go further...continue to full post

Full post as published by Fourth Amendment on January 26, 2009 (boomark / email).