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E.D.Tenn.: DUI supports a SI under Gant

By John Wesley Hall, Jr.

DUI is an offense for which evidence of an offense might be found, so a search incident is valid, rejecting Brown v. State, 24 So. 3d 671, 679 (Fla. Dist. 5DCA 2009). United States v. Reagan, 2010 U.S. Dist. LEXIS 49611 (E.D. Tenn. May 19, 2010).* Police were called to a motel room because the manager suspected that defendant and his 12 year old daughter were having sex there. The officer knocked at the door, and asked to talk to the defendant, who showed at the door in only a towel. The officer asked if they could talk inside, and defendant said no and stepped into the hall and shut the door behind him. The interaction between the defendant and the officer was consensual. In any event, the conversation was based on reasonable suspicion. The entry into the room was also by consent, and incriminating evidence was in plain view...continue to full post

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