Does the search-incident-to-arrest exception apply to a search where the search occurred prior to the arrest?
California, United States of America
The following excerpt is from The People v. Esquivel, B212866, No. KA083763 (Cal. App. 2010):
5. We note the search-incident-to-arrest exception did not require that appellant's formal arrest precede the search, i.e., the fact that a defendant is not formally arrested until after a search does not invalidate the search if probable cause to arrest existed prior to the search and the search is substantially contemporaneous with the arrest. (People v. Adams (1985) 175 Cal.App.3d 855, 860-861.)
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