3-12-08 - Criminal Procedure 3/12/08 New York v Belton ➢...

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Criminal Procedure 3/12/08 New York v Belton Facts An undercover officer pulled over a vehicle for excessive speeding The officer asked for identification and noticed no one in the car owned the vehicle or was related to the owner Officer smelt burnt marijuana and saw an envelope on the floor with “supergold” on it and associated it with marijuana The officer removed everyone from the car and searched them Found drugs on Belton so arrested them and then conducted a search of the vehicle Found more in the envelope and checked a jacket on the back seat and found cocaine in the pocket Question Is searching a jacket on a car’s back seat incident to arrest? Yes Reason Article inside the car even in passenger compartments are available for search because they are within reach while persons are in the car Knowles v Iowa Facts Officer pulled Knowles over Knowles for speeding Officer issued him a citation but by Iowa law he could have arrested him
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3-12-08 - Criminal Procedure 3/12/08 New York v Belton ➢...

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