Petitions of the week
Kentucky man says police violated Fourth Amendment by searching his backpack during arrest
The Petitions of the Week column highlights a selection of cert petitions recently filed in the Supreme Court. A list of all petitions we’re watching is available here.
The Fourth Amendment generally bars police from searching people or their property without a warrant. The Supreme Court has made an exception for searches made during an arrest. But although that exception applies to arrestees themselves, it only extends to their nearby possessions if there is a risk they can reach into them to grab a weapon or destroy evidence. This week, we highlight petitions that ask the court to consider, among other things, whether a backpack that is outside the reach of a person in handcuffs falls within the warrant exception.
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