Ep. #291: Can you search suspect for evidence after finding meth pipe?

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3 years ago
6

📌 Essentially, the court requires these factors:

1. Officers have PC at time of search
2. The suspect must be aware that police have PC for the evidence (gives the suspect motive to destroy)
3. The evidence that is searched for must be readily destructible.
4. The search must be limited to retrieving the evidence.

See United States v. Schneiders, No. CR20-4032-LTS, 2020 WL 7260938, at *5–6 (N.D. Iowa Dec. 10, 2020)

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