Archive: 2021/05/28

An attack in San Jose on Wednesday that left 10 people dead now is the deadliest mass shooting in the history of the California Bay Area.  The San Jose Mercury News reports that Samuel Cassidy fired nearly 40 rounds while killing coworkers at a Valley Transit Authority light rail facility.  Keep reading for more news.

The Fourth Circuit held in United States v. Davis, No. 20-4035, 2021 WL 1826255, ___ F.3d ___ (4th Cir. May 7, 2021) that officers unlawfully searched a suspect’s backpack, which he dropped before he lay on the ground on his stomach, where he remained as he was arrested and his arms were handcuffed behind his back. The case is significant for at least two reasons: (1) The Fourth Circuit extended Arizona v. Gant, 556 U.S. 332 (2009), to searches outside the automobile context; and (2) The court determined that a bag the suspect could have easily reached while unrestrained was not within his reach while he was prone and handcuffed.