Does a search and seizure analysis that is not related to probable cause for arrest have to be conducted by a police officer?
California, United States of America
The following excerpt is from People v. Hernandez, F070175 (Cal. App. 2016):
Hernandez cites four cases, two related to probable cause for an arrest, and two search and seizure cases. The cases addressing probable cause to arrest are inapposite because the officer is required to perform a different analysis. The first search and seizure case, People v. Morales (2014) 224 Cal.App.4th 1587, is not a Fourth
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