Citation. United States v. Edwards, 2010 U.S. Dist. LEXIS 136734 (D.V.I. Dec. 27, 2010)
Brief Fact Summary. After spending the night in jail, the Respondent’s, Edwards (Respondent), clothes were exchanged for fresh clothing. The clothing that the Respondent had worn was kept by the police to be used as evidence against the Respondent.
Synopsis of Rule of Law. Evidence gathered as a result of a warrantless search incident to custodial arrest or incarceration can be used against the arrestee.
The Respondent was arrested for attempting to break into a post office. A fresh pair of clothes was given to the Respondent the morning after his arrest. The Respondent’s old clothes were retained by the police to be used as evidence connecting the Respondent to the attempted break in. Issue.
Is clothing taken 10 hours after arrest excluded from evidence as the fruits of an unlawful search?