U.S. v. Powell, No. 05-3047 (D.C. Cir.) (483 F.3d 836) (April 17, 2007) (Judge Douglas Ginsburg)
In U.S. v. Powell, 451 F.3d 682 (D.C. Cir. June 23, 2006) (“Powell I”), a divided panel held that a warrantless “search incident to arrest” can only take place after an arrest. After the Government asked for a rehearing en banc, the full Court held, by a vote of 9 ...
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