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Pretextual Arrests-Effect on Subsequent Search

NCJ Number
122697
Journal
Crime to Court Dated: (April 1990) Pages: 1-3
Author(s)
J C Coleman
Date Published
1990
Length
3 pages
Annotation
Laing v. United States, a case decided in December 1989 by the Eighth Circuit of the United States Court of Appeals, considers what happens when law enforcement officers use a lawful arrest as a pretext for conducting a warrantless search of an arrestee's person or premises.
Abstract
Law enforcement officers were conducting surveillance of a suspected drug dealer at a motel. They arrested the suspect on an outstanding traffic warrant, provided him with his Miranda warnings, and asked if he would consent to a search of his room. The suspect consented to the search and signed a written consent form that specifically noted his right to refuse consent. The officers' search of the suspect's room yielded cocaine and a scale for weighing drugs.

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