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U.S. v. Bennett

United States District Court, E.D. Pennsylvania
Apr 8, 2010
CRIMINAL ACTION No. 08-535 (E.D. Pa. Apr. 8, 2010)

Summary

holding that the search of the defendant's backpack was not a valid search incident to arrest because by the time defendant's bag was searched he had been subdued, handcuffed, and surrounded by police; thus, the bag was no longer within his immediate control

Summary of this case from Leith v. Middlesex & Somerset Cnty. Prosecutor'S

Opinion

CRIMINAL ACTION No. 08-535.

April 8, 2010


ORDER


AND NOW, this 8th day of April, 2010, it is ORDERED Defendant Hennard Bennett's Motion to Suppress Physical Evidence (Document 16) is DENIED.

It is further ORDERED Bennett's Motion to Suppress Out-of-Court and In-Court Identifications (Document 17) is GRANTED in part and DENIED in part. Bennett's motion to suppress the out-of-court and in-court identifications by Mary Thorne-Tucker is DENIED. His motion to suppress the out-of-court identification by Erica Jefferson is GRANTED, such identification is SUPPRESSED.

It is further ORDERED Bennett's Supplemental Motion to Suppress Physical Evidence (Document 24) is GRANTED.


Summaries of

U.S. v. Bennett

United States District Court, E.D. Pennsylvania
Apr 8, 2010
CRIMINAL ACTION No. 08-535 (E.D. Pa. Apr. 8, 2010)

holding that the search of the defendant's backpack was not a valid search incident to arrest because by the time defendant's bag was searched he had been subdued, handcuffed, and surrounded by police; thus, the bag was no longer within his immediate control

Summary of this case from Leith v. Middlesex & Somerset Cnty. Prosecutor'S

In Bennett, the defendant was arrested, and after he was handcuffed but before he was transported to the police station, his backpack was searched.

Summary of this case from Matthews v. United States

In Bennett, the Court held that the search of the defendant's backpack was not a valid search incident to arrest because by the time defendant's bag was searched he had been subdued, handcuffed, and surrounded by police; thus, the bag was no longer within his immediate control.

Summary of this case from United States v. Moore
Case details for

U.S. v. Bennett

Case Details

Full title:UNITED STATES OF AMERICA v. HENNARD BENNETT

Court:United States District Court, E.D. Pennsylvania

Date published: Apr 8, 2010

Citations

CRIMINAL ACTION No. 08-535 (E.D. Pa. Apr. 8, 2010)

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