Does the subsequent detention, questioning and search of defendant's person pursuant to the execution of the search warrant pursuant to probable cause?
California, United States of America
The following excerpt is from People v. Gabriel, 188 Cal.App.3d 1261, 233 Cal.Rptr. 769 (Cal. App. 1986):
The subsequent detention of defendant was not merely incident to the execution of the search warrant but was pursuant to probable cause. Therefore, the detention, questioning and search of defendant's person incident to his arrest did not violate his rights under the Fourth Amendment.
The judgment is affirmed.
CARR and SIMS, JJ., concur.
1 Miranda v. Arizona (1966) 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694.
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