Can a search that produced incriminating evidence be conducted outside of the police station where the accused was arrested?

California, United States of America


The following excerpt is from People v. Riegler, 127 Cal.App.3d 317, 179 Cal.Rptr. 530 (Cal. App. 1981):

"Even so, the search that produced the incriminating evidence was made at the police station some time after the arrest and cannot be justified as a search incident to an arrest: 'Once an accused is under arrest and in custody, then a search made at another place, without a warrant, is simply not incident to the arrest.' (Citation.) Dyke v. Taylor Implement Mfg. Co., 391 U.S. 216 (88 S.Ct. 1472, 20 L.Ed.2d 538) ..., is to the same effect; the reasons that have been thought sufficient to justify warrantless searches carried out in connection with an arrest no longer obtain when the accused is safely in custody at the station house."

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