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Search and Seizure Illegal

Posted by John Rutkowski | Jan 18, 2018 | 0 Comments

Search and seizure -- Backpack -- Warrantless search of backpack was not valid as search incident to arrest where backpack was not in area within defendant's immediate control at time of search, but was instead in officers' exclusive control with no possibility of defendant accessing the backpack -- Automobile exception -- Assuming dirt bike defendant was riding at time he was stopped qualifies as a vehicle for purposes of exception applicable when officer has reasonable belief that evidence relevant to crime might be found in vehicle, facts were clear that backpack was not part of the dirt bike or stored on or in it -- Consent -- Appellate court cannot affirm denial of motion to suppress based on defendant's consent where trial court made no finding on issue of defendant's consent.

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John Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-four years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice.

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John P. Rutkowski, Attorney at Law, is focused on all aspects of Criminal Defense, State and Federal Courts, Post Conviction Relief, Criminal Appeals and Traffic Offenses. Contact me today for a free telephone consultation.

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