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CA8: Looking in wallet was reasonable in a frisk

By John Wesley Hall, Jr.

Removing defendant’s wallet from his pocket was reasonable were there was reasonable suspicion. It is possible a knife could have been hidden in the wallet. Currency sticking out was in plain view and there was reason to seize it where defendant was a suspect in a robbery. United States v. Muhammad, 2010 U.S. App. LEXIS 9575 (8th Cir. May 11, 2010).* Search warrant did not list items to be seized, but the affidavit did, and the warrant here referred to the affidavit. Even so, the good faith exception would save this search. State v. Maxwell, 2010 La. App. LEXIS 677 (1st Cir. May 10, 2010).*

Full post as published by Fourth Amendment on May 12, 2010 (boomark / email).