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'SOpinion
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.