Does a search and seizure resulting from an arrest without a warrant or search warrant violate the constitutional guarantees?

California, United States of America


The following excerpt is from Badillo v. Superior Court In and For City and County ofSan Francisco, 294 P.2d 23, 46 Cal.2d 269 (Cal. 1956):

This court has already properly determined that a lawful arrest, accompanied by a search and seizure incident to such arrest, does not violate constitutional guarantees under certain circumstances regardless of the fact that no warrant of arrest or search warrant may have previously issued. People v. Boyles, 45 Cal.2d 652, 290 P.2d 535; People v. Martin, supra, 45 Cal.2d 755, 290 P.2d 855. As above indicated, however, this court has held that the reasonableness of the search incident to the arrest depends not only upon the lawfulness of the arrest, but also upon the reasonableness of the arrest. It is with this conclusion that I cannot agree, for if an arrest is lawful it does not appear appropriate to declare that such lawful arrest is unreasonable.

As was said in State v. Williams, Mo., 14 S.W.2d 434, at page 436, in affirming a judgment of conviction based upon evidence obtained through a search incident to an arrest without a warrant: 'As applicable to this case it would not matter a particle, when the deputy sheriff made the arrest,

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