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CA4: GSR swab as SI justified by exigency of GSR easily disappearing

By John Wesley Hall, Jr.

GSR test at the police station shortly after arrest was constitutionally valid because of exigent circumstances. United States v. Simmons, 2010 U.S. App. LEXIS 10892 (4th Cir. May 27, 2010) (unpublished): Recently, the Fifth Circuit concluded that a GSR test is a reasonable search incident to arrest. United States v. Johnson, 445 F.3d 793, 795-96 (5th Cir. 2006). As the court explained, "[b]ecause the presence of gun powder on his hands was relevant evidence that [the defendant] (or merely time) could have eventually removed or destroyed, if his arrest was valid, the performance of the gun powder residue test was lawful, and the admission of the results at trial was proper." Id. at 795-96. Such a result is dictated by Cupp v. Murphy, 412 U...continue to full post

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