finding a search pretextual where traffic warrant used as pretense to arrest suspect and search him for marijuana because suspect would not ordinarily have been placed in custody for the traffic offense
How later courts described this case
- finding a search pretextual where traffic warrant used as pretense to arrest suspect and search him for marijuana because suspect would not ordinarily have been placed in custody for the traffic offense
- finding arrest on warrant for failure to signal and faulty brake lights used as mere excuse to search appellant for marijuana cigarettes
- finding the defendant's arrest a pretext because of the officers' failure to follow "ordinary procedure" and the timing of the arrest
- "[T]he search must be incident to the arrest, and not vice versa."
Written by the judges who cited it.
The opinion
CHAMBERS, Circuit Judge
(concurring) .
Here we have “rough stuff” and I join in striking it down. Without indulging in explanation, I regard the *268 result here as wholly consistent with our case of Blackford v. United States, 247 F.2d 745 .
In as simple a case as this, I see no harm in not holding that a motion to suppress was necessary, but I do not believe the case should be taken as authority that a motion to suppress is never necessary.