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Citing references

Opinions citing UNITED STATES of Am. v. McLAUGHLIN, 170 F.3d 889 (9th Cir. 1999)

46 citing cases

  1. 428 F. Supp. 2d 1126 E.D. CaliforniaApril 24, 2006

    McLaughlin, 170 F.3d 889, 892-93 (9th Cir.1999) (citing United States v. Moorehead, 57 F.3d 875, 878 (9th Cir.1995) and United States v. Nelson, 102 F.3d 1344, 1346 (4th Cir.1996)).

  2. 433 F.3d 1104 Ninth CircuitJanuary 10, 2006

    McLaughlin, 170 F.3d 889, 892 (9th Cir.1999)). Although contemporaneity is important, we have made clear that it is not the sole inquiry.

  3. 453 F.3d 1099 Eighth CircuitJuly 18, 2006

    McLaughlin, 170 F.3d 889, 891-92 (9th Cir.1999).

  4. State v. Gant
    43 P.3d 188 Court of Appeals of ArizonaMarch 29, 2002

    McLaughlin, 170 F.3d 889, 891 (9th Cir. 1999); see also United States v. Doward, 41 F.3d 789 (1st Cir.1994).

  5. Ninth CircuitJanuary 9, 2006

    McLaughlin, 170 F.3d 889, 892 (9th Cir. 1999)). [2] Although contemporaneity is important, we have made clear that it is not the sole inquiry.

  6. 389 F.3d 944 Ninth CircuitNovember 23, 2004

    McLaughlin, 170 F.3d 889, 892 (9th Cir.1999). The requirement that the search and the arrest be roughly contemporaneous is not strictly temporal in nature.

  7. 895 F. Supp. 2d 1011 D. HawaiiSeptember 10, 2012

    McLaughlin, 170 F.3d 889, 893 (9th Cir.1999)). That is, the arrest and search were not “so separated in time or by intervening acts that the latter cannot be said to have been incident to the former.” United States v.

  8. 156 F. Supp. 3d 1045 N.D. CaliforniaJanuary 8, 2016

    McLaughlin, 170 F.3d 889, 892 (9th Cir.1999); United States v. Hudson, 100 F.3d 1409, 1419-20 (9th Cir.1996).

  9. 533 F.3d 1064 Ninth CircuitJuly 21, 2008

    McLaughlin, 170 F.3d 889, 891 (9th Cir.1999) (upholding search of car five minutes after defendant taken away because it was part of a “continuous series of events closely connected in time to the arrest”).

  10. 398 F.3d 1143 Ninth CircuitFebruary 22, 2005

    McLaughlin, 170 F.3d 889, 892 (9th Cir.1999)).

  11. People v. Malloy
    178 P.3d 1283 Colorado Court of AppealsJanuary 10, 2008

    McLaughlin, 170 F.3d 889, 891 (9th Cir.1999) (Belton exception “may be invoked regardless of whether the arresting officer has an actual concern for safety or evidence” and it “does not depend upon a defendant’s ability to grab items in a ear”); United

  12. State v. Valdez
    152 P.3d 1048 Court of Appeals of WashingtonFebruary 13, 2007

    McLaughlin, 170 F.3d 889, 893 (9th Cir.1999). The arrest and search should not be separated in time or by intervening acts. McLaughlin, 170 F.3d at 893 . The actions following the arrest must be one continuous series of events closely connected in time.

  13. Ninth CircuitFebruary 22, 2005

    McLaughlin, 170 F.3d 889, 892 (9th Cir. 1999)).

  14. 711 F. App'x 438 Ninth CircuitFebruary 15, 2018 Unpublished

    McLaughlin, 170 F.3d 889, 892 (9th Cir. 1999)). Here, the arrest and search were not “so separated in time or by intervening acts that the latter cannot be said to have been incident to the former.” Id. (quoting McLaughlin, 170 F.3d at 893 ).

  15. Arizona v. Gant
    556 U.S. 332 Supreme CourtApril 21, 2009

    McLaughlin, 170 F.3d 889, 894 (C.A.9 1999) (Trott, J., concurring) (observing that Belton has been applied to condone "purely exploratory searches of vehicles during which officers with no definite objective or reason for the search are allowed to rummage around

  16. 208 F.3d 1190 Tenth CircuitApril 4, 2000

    208 F.3d 1190 (10th Cir. 2000) UNITED STATES OF AMERICA, Plaintiff-Appellee, v. CARLTON HUMPHREY;NANCY REGAN, Defendants-Appellants.

  17. 629 F. Supp. 2d 1201 E.D. WashingtonJune 16, 2009

    McLaughlin, 170 F.3d 889, 891 (9th Cir.1999), citing New York v. Belton, 453 U.S. 454, 460 , 101 S.Ct. 2860 , 69 L.Ed.2d 768 (1981).

  18. 571 F. Supp. 2d 1093 D. ArizonaJuly 14, 2008

    McLaughlin, 170 F.3d 889, 891 (9th Cir.1999) (police may search a motor vehicle, its passenger compartment, and any containers therein, even when the search commences some five minutes after an arrestee has been removed from the scene, so long as the search occurs

  19. 560 F. Supp. 2d 906 N.D. CaliforniaMay 28, 2008

    McLaughlin, 170 F.3d 889, 892 (9th Cir.1999).

  20. 179 F. App'x 825 Third CircuitMay 5, 2006 DissentUnpublished

    McLaughlin, 170 F.3d 889, 891-92 (9th Cir.1999), the Ninth Circuit reached the opposite conclusion, *835 stressing that the Belton rule is categorical: Because it is a bright-line rule that may be invoked regardless of whether the arresting officer has an actual

  21. Tenth CircuitApril 4, 2000

    McLaughlin , 170 F.3d 889, 894 (9th Cir. 1999).

  22. 541 U.S. 615 Supreme CourtMay 24, 2004

    McLaughlin, 170 F. 3d 889, 890 (CA9 1999); United States v. Humphrey, 208 F. 3d 1190, 1202 (CA10 2000); Wesley, supra, at 544 ; see also 3 W. LaFave, Search and Seizure § 7.1(c), pp. 448-449, n. 79 (3d ed. 1996 and Supp. 2004) (citing cases).

  23. 277 F.3d 558 D.C. CircuitJanuary 29, 2002

    McLaughlin, 170 F.3d 889 , 891 & n. 2 (9th Cir.1999) (holding Knowles inapplicable to cases in which defendants are arrested). 15 . Recodified in 2001 as D.C.Code § 50-2201.04(b) & (c).

  24. 616 F.3d 315 Third CircuitAugust 10, 2010

    McLaughlin, 170 F.3d 889, 893 (9th Cir.1999); United States v. Currence, 446 F.3d 554, 557 (4th Cir.2006) (“[O]fficers may separate the suspect from the item to be searched, thereby alleviating their safety concerns, before they conduct the search.”)

  25. State v. Roberts
    623 N.W.2d 298 Nebraska Supreme CourtMarch 16, 2001

    McLaughlin, 170 F.3d 889 (9th Cir. 1999) (search of vehicle that commenced 5 minutes after defendant was arrested and removed from scene valid). See, also, United States v.

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