If a search of a vehicle was conducted in close proximity to the vehicle and prior to the search, can the search proceed because it was incident to the arrest?
MultiRegion, United States of America
The following excerpt is from U.S. v. MacKay, 606 F.2d 264 (9th Cir. 1979):
5 Because MacKay was arrested in close proximity to the vehicle and prior to the search, the argument could have been advanced that the search was permissible because it was incident to the arrest, Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685 (1969). Nevertheless, the argument would not have had any merit, because the suitcase was not in the "immediate control" of MacKay at the time of the search.
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