FourthAmendment DueProcess CriminalProcedure Securities JusticiabilityDoctri
I. Whether the Fourt h Amendment is violated and requires
suppression of evidence, when the police conduct a
warrantless search of the arrestee's backpack (that the police
have removed from him and have in their custody outside of
his grasp -area) when : 1) the arrestee is in custody in
handcuffs (so that he can not reach for a weapon or destroy
evidence that might be in the backpack ), and the police do
not have a reasonable basis or pro bable cause to believe there
is evidence of the offense for which he has been arrested in
the backpack .
Whether the Fourth Amendment is violated by a warrantless search of an arrestee's backpack when the arrestee is in handcuffs and the police lack probable cause to believe evidence of the offense is in the backpack