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The new McNeil ruling affecting searches incident to arrest

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  • The new McNeil ruling affecting searches incident to arrest

    http://dol.state.vt.us/sites/librari...p2007-100.html

    Don't you just love Vermont. Just another tool taken from the good guys. For those who have not seen the ruling yet, when an officer arrests someone here in VT we can no longer search closed containers found on that person without a warrant. Gee, now a three hour arrest can/will turn into six. Great.

  • #2
    you must have read the case wrong ( or better yet, maybe I should fully read the case) if the warrant arrest was valid, the search incidental to arrest is VALID,or if the officers had probable cause to effect an arrest based on their belief the suspect had a controlled substance in his possession,the subsequent seizure is validEven in a case where there is an arrest ,officers are permitted to conduct a custodial search of the arrestee's person and immediate effects. IF this case was upheld ,it could be challenged -it would fly in the face of prior federal rulings allowing for such searches.
    "we're americans ! We don't quit because we're wrong, we just keep doing it wrong UNTIL it turns out Right"...

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    • #3
      DOAcop, no that's the decision. We can still search incident to arrest, but unless the seized items are plainly visible (clear plastic baggie full of MJ), you must get a warrant to search any closed containers (ie. cigarette packages, etc.). VT does not accept most SCOTUS rulings saying that VT's Constitution is more restrictive, thus we can not search a MV without a warrant or consent, we can not order occupants out of a vehicle unless we have suspicion of a crime or their consent, we can not search a vehicle incident to arrest, etc.

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