Does a search incident to arrest constitute a search without a warrant?
MultiRegion, United States of America
The following excerpt is from Lull v. Stewart, 2:17-cv-01211-TLN-JDP (PS) (E.D. Cal. 2021):
Following plaintiff's arrest, defendant searched his person and the objects within his control. Lawful arrest establishes the authority to search without a warrant, and such a search is reasonable under the Fourth Amendment. United States v. Robinson, 414 U.S. 218, 235 (1973). Because plaintiff's arrest was lawful, the search incident to arrest was reasonable.
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