FourthAmendment DueProcess CriminalProcedure Privacy
Does the exception to the Fourth Amendment's warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, luggage, or other external container in the arrestee's possession at the time of arrest, if, at the time of the search, the container is separated from the person and there is no reasonable possibility the arrestee could access the container to obtain a weapon or destroy evidence?
QUESTION PRESENTED Does the exception to the Fourth Amendment’s warrant requirement for searches incident to arrest permit a warrantless search of a backpack, purse, luggage, or other external container in the arrestee’s possession at the time of arrest, if, at the time of the search, the container is separated from the person and there is no reasonable possibility the arrestee could access the container to obtain a weapon or destroy evidence? ii RULE 14(B) STATEMENT The following proceedings are directly related to this case within the meaning of Rule 14.1(b)(iii): e Kentucky v. Bembury, No. 2022-SC-0018-DG, Kentucky Supreme Court. Judgment entered Aug. 24, 2023. e Bembury v. Kentucky, No. 2020-CA-1429-MR, Kentucky Court of Appeals. Judgment entered Dec. 21, 2021. e Kentucky v. Bembury, No. 19-CR-1326, Commonwealth of Kentucky, Fayette Circuit Court, Criminal Branch, Third Division. Judgment entered Mar. 20, 2020.