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· 10/25/2023

Cary Allen Simmang v. Standard Life and Casualty Insurance Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that searching the passenger compartment of a vehicle incident to arrest is only lawful if the area is within reaching distance of the arrestee
  • holding that police may not search a car “whenever an individual is caught committing a traffic offense”
  • holding that police may not search a car “whenever an individual is caught committing a traffic offense”
  • holding that a search of the defendant’s vehicle, when the defendant was arrested and secured inside of a patrol car, violated the Fourth Amendment
  • holding that a warrantless vehicle search incident to arrest is justified “when the arrestee is unsecured and within reaching distance of the passenger compartment”
  • holding that the Fourth Amendment does not permit officers to search every vehicle incident to arrest

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.