When One Admits to Having Marijuana, A Search is Legal When an Arrest Follows
A search conducted without prior approval by a judge (in the form of a warrant) is unreasonable under the Fourth Amendment to the U.S. Constitution with the exception of a few situations. Such exceptions arise quite frequently in day-to-day police investigations. Arizona v. Gant (2009) 556 U.S. 332, 338.
In the case of Travis Pope, arrested in El Dorado National Forest in Northern California, the “Search Incident To An Arrest” exception to the warrant requirement was tested on appeal to the United States Court of Appeals for the Ninth Circuit (U.S. v. Travis Pope 2012 DJDAR 9839). In a clever opinion worth reading for the precedent it seems to set, the warrantless search by police was upheld as proper.
On the evening of August 16, 2008, Forest Law Enforcement Officer Ken Marcus was dispatched to a gathering of people in the El Dorado National Forest. Apparently, there was a report of loud music and the use of a public address system. There were many people partying, too.
Mr. Travis Pope was one of the people at the gathering. Mr. Pope approached Officer Marcus after Marcus arrested one of Pope’s friends. Officer Marcus allegedly noticed immediately that Pope was under the influence of marijuana. Consequently, Marcus asked Pope if he had smoked marijuana that evening. Pope admitted he had. Marcus then asked Pope if he had any marijuana on him. Pope said no.
Marcus then ordered Pope to empty his pockets. Pope then admitted that he did have marijuana on him and emptied his pockets on the hood of the police car. Pope was then cited for and charged with a violation of 21 U.S.C.
