Legal Topics

Criminal law — Search and seizure — Marchman Act detention 

Aug 15th, 2023 in by admin

Criminal law — Search and seizure — Marchman Act detention — It was unreasonable for officers to search defendant’s bag after she was already handcuffed and in custody for a mental health assessment, and there was no objective basis to be further concerned for anyone’s safety — No merit to argument that search was authorized because officers had probable cause to arrest defendant based on her earlier erratic conduct at store where defendant, who left store when requested, was not trespassing at store and act of pulling down her swimsuit top as she exited store did not constitute misdemeanor indecent exposure.