The following excerpt is from U.S. v. Moses, 796 F.2d 281 (9th Cir. 1986):
Our conclusion that probable cause existed is not shaken by the fact that Officer McIntyire testified she did not believe probable cause to arrest existed before the search. 3 A scant three pages later in the record, she testified that she did have probable cause to search Moses. 4 Even if it were a fact that she did not believe she had probable cause to arrest him before the search, that belief does not end our inquiry. In Florida v. Royer, 460 U.S. 491, 103 S.Ct. 1319, 75 L.Ed.2d 229 (1983), the officer testified at the suppression hearing that he did not think he had probable cause to arrest Royer before the search. Id. at 496, 103 S.Ct. at 1323 (plurality opinion of White, J.). This testimony did not foreclose further examination of the probable cause issue:
Page 285
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.