If probable cause to arrest existed at this point, would it be proper for a search to be conducted prior to a formal arrest?

California, United States of America


The following excerpt is from Michael v., In re, 10 Cal.3d 676, 111 Cal.Rptr. 681, 517 P.2d 1145 (Cal. 1974):

5 If probable cause to arrest existed at this point, then the search would be proper, even though it preceded a formal arrest. (People v. Simon, Supra, 45 Cal.2d at p. 648, 290 P.2d 531.)

6 At the hearing, the arresting officer testified:

'(Counsel for the minor): Were you detaining the boys at that time?

'(Arresting officer): Yes, sir.

'. . .tin

'Q. Would you say that the boys were actually being restrained at that time?

'A. What do you mean by restrained?

'Q. Is that what you mean by detention. by detaining?

'Q. No. A detention is when we're investigating if in fact a crime had taken place, getting information.

'Q. What does the word 'restrained' mean to you?

'A. Restrained means restraining a man where he does not have freedom of his limbs.

'Q. What does the word 'detain' mean to you?

'A. Detained means detained for a small period of time, to investigate.

'. . .tai

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