Q: What is considered "within arm's reach"?
I was charged with "possession of a weapon while committing a crime." - The neighbor's teenager said I tried to run over my fience'...NOT TRUE!
When the police arrived I was in my vehicle, they asked if I had any weapons after a moment I remembered that in the bottom of the passenger side floorboard there was a pistol in a zipped thirty-one bag (at the very bottom of the bag that had quite a bit in it.) I do possess a valid CCP. I was in the driver's seat. I could not reach the bag without bending, rolling over some, and moving a few cereal boxes that were on top of it.
A: "Under ' "the wing span" ' limitation of Chimel, a search incident is limited to that area within the lunge, within the reach, within the grasp of the arrestee—the area 'which may fairly be deemed to be an extension of his person'—the area in which the arrestee might grab for weapons or destroy evidence.' ").
Priscilla T. Upshaw agrees with this answer
I agree with my colleague, and without more details providing clarity and context, it is difficult to provide you with an answer. It is important to consult an attorney who can go over the specifics of your case and view it in light of what the law says.
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-The Upshaw Law Firm, (770) 240-0922.
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