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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 practicing law Mr. Rutkowski served twelve years as a deputy sheriff, retiring to attend law school. Starting his law-enforcement career as a patrol deputy which included two years on the DUI squad; Mr. Rutkowski moved up the ranks becoming a corporal in the field training program which give him the responsibility for training new recruits.


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John P. Rutkowski, Attorney at Law, is focused on all aspects, Criminal Defense, Criminal Appeals, Driving/Boating Under the Influence. Sale, Delivery, Possession Drugs, All Sex Crimes, Felony & Misdemeanor. Contact us today to schedule an initial consultation.