United States v. Shakir

How courts have described this case

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

• recognizing handcuffs do not 3 guarantee suspect is unable to reach for weapon
• finding a valid search incident to arrest where the defendant was handcuffed and outnumbered by police officers, but the bag being searched “was literally at his feet”
• recognizing “handcuffs are not fail-safe”, and finding that warrantless search of bag was proper search incident to arrest even though defendant was handcuffed and guarded by two policemen when bag was at defendant’s feet and thus accessible to him
• requiring “something more than the mere theoretical possibility that a suspect might access a weapon or evidence”
• “[R]eading Gant to prohibit a search incident to arrest whenever an arrestee is handcuffed would expose police to an unreasonable risk of harm.”
• applying the Gant standard to a warrantless search of a bag while a suspect was handcuffed

Source: CourtListener parenthetical corpus (CC0).