Jean v. State
The Sixth DCA reversed Jean's felon-in-possession conviction, holding that deputies violated the Fourth Amendment by opening a locked fanny pack removed from Jean's person after he was fully secured and handcuffed, with the pack placed out of his reach. The court held that Gant's 'evidence relevant to the crime of arrest' exception to the search-incident-to-arrest doctrine applies only to vehicles and containers within vehicles, not to bags worn on a person, and expressly declined to follow the Second DCA's Bultman decision because it never addressed Gant and was factually distinguishable.
Key facts
- Jean was arrested and fully secured in handcuffs with a locked fanny pack removed from his person and placed out of his reach.
- Deputies opened the locked fanny pack without a warrant and discovered a firearm and ammunition, leading to a felon-in-possession conviction in the trial court.
- +2 more key facts with a free trial
Why it matters
This opinion gives Florida criminal defense practitioners a strong, well-reasoned basis to challenge warrantless searches of bags, purses, or fanny packs carried by arrestees once they have been secured, by confirming… — full analysis with a trial
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