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Search and Seizure — search incident to arrest

By: WISCONSIN LAW JOURNAL STAFF//October 4, 2012//

Search and Seizure — search incident to arrest

By: WISCONSIN LAW JOURNAL STAFF//October 4, 2012//

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United States Court of Appeals For the Seventh Circuit

Criminal

Search and Seizure — search incident to arrest

Where the defendant’s vehicle matched the description of the vehicle used in a bank robbery, and the defendant fled, hitting other vehicles, there was probable cause to search the vehicle.

“The Supreme Court held in Arizona v. Gant, 556 U.S. 332, 351 (2009), that the ‘[p]olice may search a vehicle incident to a recent occupant’s arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest.’ In this case, the agents arrested Evans and Swanson for bank robbery and they had every reason to believe there was evidence of the offense in the green Cadillac. The bank robbery had just occurred and when officers approached the vehicle, Evans sped off, striking another agent’s automobile. He then attempted to flee. The arresting officers were notified in Update #3 about the armed bank robbery, about the description of the three perpetrators, and that the robbers were to be considered armed and dangerous. Under these circumstances, it was entirely reasonable for the officers to believe that the gun and other evidence of the offense was in the green Cadillac. Accordingly, it was permissible for the officers to search the Cadillac.”

Affirmed.

11-2128 & 11-2398 U.S. v. Smith

Appeals from the United States District Court for the Northern District of Illinois, St. Eve, J., Manion, J.

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