Can a search of a suspect's purse after the suspect has been arrested and secured in the rear of a police car?

California, United States of America


The following excerpt is from People v. Rosser, A131162 (Cal. App. 2012):

On January 18, 2011, the trial court filed an order denying appellant's motion to suppress. The court's analysis was prefaced with this statement: "The sole issue in this case is whether a suspect's purse can be lawfully searched after the suspect has been arrested and secured in the rear of a patrol car? The simple answer to this question is 'yes.' " In its order, the court summarized the law governing "searches incident to arrest." It noted, among other things, that "[o]fficers who have made an arrest may, as a matter of routine, conduct a 'search incident to arrest'" and that, in so doing, they "are not required to prove the arrestee might have possessed a weapon or evidence." (Citing United States v. Robinson (1973) 414 U.S. 218, 235 (Robinson).)

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