State v. Jones Where, despite struggling with and even trying to hit the arresting officer, defendant refused to remove his hand from his jacket pocket, this behavior led the officer to believe defendant might be armed. After defendant was arrested, the officer walked about 10 feet, retrieved the jacket from the ground, searched it and retrieved a bag of crack cocaine. Defense counsel’s failure to move to suppress the crack was not prejudicial because the search of the jacket was a lawful search incident to defendant’s arrest.
Tagged with: Constitutional Criminal Practice Effective Assistance of Counsel search & seizure search incident to arrest
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