Police Frisk During the Service of a Civil Writ for Child Support Okay

During the service of a writ of child support, the police executing the writ may frisk and search the person in the writ for weapons because of the search-incident-to-arrest exception

United States v. Phillips, 2016 BL 273057, 11th Cir., No. 14-14660, 8/23/16.

   The Eleventh Circuit ruled that a frisk during the service of a writ of child support is okay through the the Fourth Amendment exception allowing for a search-incident-to-arrest. The court held that under Florida law, the writ of attachment in this case is similar to a bench warrant, which allows police to pick up people to bring them into court. The court stated, “Because bench warrants and writs of bodily attachment for unpaid child support are virtually indistinguishable, the long historical pedigree of the former convinces us that the latter also passes constitutional muster.”

   This issue initially arose because the defendant, when searched, was found to have a gun on his person and was later convicted of being a felon in possession of a firearm.

http://www.bloomberglaw.com/public/document/United_States_v_Phillips_No_1414660_2016_BL_273057_11th_Cir_Aug_2.