U.S. Court of Appeals 3rd Circuit Rules Police Can Search Bag While Suspect Is Handcuffed

Lawyers USAAugust 20, 2010

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Summary


The search of a bag incident to an arrest is permissible because a reasonable possibility existed that the defendant could have accessed a weapon or destroyed evidence in the bag, the 3rd Circuit has ruled.

The defendant was carrying a bag in a hotel lobby when he was stopped by police. He dropped the bag to the floor when he was about to be handcuffed. When the bag was searched, the police found a large amount of cash that was later identified as being stolen during an armed robbery for which the defendant was a suspect.

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U.S. Court of Appeals 3rd Circuit Rules Police Can Search Bag While Suspect Is Handcuffed

The defendant argued that because he was han...

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