In this classic episode, Dennis explains the importance of searching bags before transporting the subject. Recorded on 07/21/2017.
State V. Oyenusi 2006 – If you have an arrest with bags or items that may contain contraband you must search them contemporaneously with the arrest so close in time and location that they may be considered “connected units of an integrated incident and part of one single transaction.”
Must not be remote in time or place.
Once the property is not immediately associated with the person under arrest a search of the property cannot be done as incident to arrest (you will need consent or a warrant). Handcuffs first are OK.
State v. Bradley – https://www.leagle.com/decision/1996792291njsuper5011756
State v Mahoney 1988 – This is the case that ruled that station house inventory searches are illegal. It is also noted that defendant did not consent to the inventory search nor was he given the opportunity of making other arrangements for the safekeeping of his suitcase and briefcase.
State v.Mangold – The Court concluded that “[a]bsent consent or alternative security provisions, an inventory may not be undertaken.” Mangold, 82 N.J. at 587.
State v. Padilla (1999) – It is improper to search and inventory the personal property of an arrestee without first affording the arrestee the opportunity to consent to the search or the opportunity to make other arrangements for the disposition of personal property.