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The Petitions of the week column highlights a variety of Cert Petitions Recently filed at the Supreme Court A list of all petitions we’re watching is available Here is a link to the article.
The Fourth Amendment prevents police officers from searching anyone or their property, without a warrant. The Supreme Court made an exception to allow searches during arrests. The exception does not apply to the arrestees, but only to their possessions in close proximity if they are at risk of reaching into them and grabbing a weapon or destroying evidence. This week, we will highlight a number of petitions which ask the court, amongst other things, to determine whether a backpack, which is beyond the reach of someone in handcuffs, falls under the warrant exemption.
Police on bicycle patrol in Lexington (Kentucky) observed, in 2019, two men exchange cash at a park table for what they thought was a synthetic marijuana joint. Officers then followed the suspected buyer, who acknowledged the sale and handed over the joint. A police officer returned then to the park. William Benbury sat with his back pack on the table and was not moving. The officer then approached him, and told him he would be arrested.
When Bembury’s hands were…
