If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest?

California, United States of America


The following excerpt is from People v. Rodriguez, H041343 (Cal. App. 2016):

If an officer had probable cause to arrest a defendant, then the search of that defendant would have been justified as a search incident to a lawful arrest. (People v. Ingham (1992) 5 Cal.App.4th 326, 330-331.) " '[A] police officer may, incident to a lawful arrest, conduct a contemporaneous warrantless search of the arrestee's person and of the area into which the arrestee might reach to retrieve a weapon or destroy evidence.' [Citation.] . . . 'The potential dangers lurking in all custodial arrests make warrantless searches of items within the "immediate control" area reasonable without requiring the arresting officer to calculate the probability that weapons or destructible evidence may be involved. . . .' " (Ibid.)

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