People v. Gokey

OPINION OF THE COURT

Chief Judge Cooke.

A duffel bag that is within the immediate control or “grabbable area” of a suspect at the time of his arrest may not be subjected to a warrantless search incident to the arrest, unless the circumstances leading to the arrest support a reasonable belief that the suspect may gain possession of a weapon or be able to destroy evidence located in the bag. There being no such exigency present at the time police searched defendant’s bag here, the motion to suppress should have been granted.

On the afternoon of March 12,1981, the Watertown City Police Department…