Thursday, May 12, 2005
State v. Sykes, Wis., No. 2003AP1234-CR, 4/22/05
PROBABLE CAUSE TO ARREST CAN JUSTIFY WARRANTLESS SEARCH AS 'INCIDENT' TO LATER ARREST THAT OFFICER DIDN'T INTEND TO MAKE AT TIME OF SEARCH
The existence of probable case will justify treating a warrantless search as a search "incident" to a later arrest for a different crime even when the officer, at the time of the search, did not intend to arrest the defendant and the later arrest is based on evidence found during the search, the Wisconsin Supreme Court decides. It is not the officer's subjective intent that is important, the court says; it is the fact that the officer actually had probable cause to arrest the defendant at the time he performed the search. Decision here.
Garvey v. State, Del., No. 5-2004, 4/28/05
A defendant who responded to a request to waive his "Miranda" rights by saying, "Depends on what you ask me," unambiguously waived his rights, the Delaware Supreme Court holds. Decision here. [Mark Godsey]