If the prosecution understood that appellant was challenging the scope of the search incident to arrest in addition to the probable cause supporting the arrest, would it have presented additional evidence to support its claim on appeal?

California, United States of America


The following excerpt is from People v. Brennan, A147061 (Cal. App. 2016):

Had the prosecution understood appellant to be challenging the scope of the search incident to arrest in addition to the probable cause supporting the arrest, it might have presented additional evidence concerning the degree to which appellant had been secured and the status of the other individual present at the scene. Additionally, had the prosecution known appellant was challenging the scope of the search incident to arrest, it might have presented evidence in support of its claim on appeal that the suitcase and backpack would have been transported with appellant and examined during an inventory search when he was booked into custody, making the discovery of their contents inevitable. (See People v. Evans (2011) 200 Cal.App.4th 735, 756; People v. Superior Court (Chapman) (2012) 204 Cal.App.4th 1004, 1021-1023.)

Other Questions


Does the prosecution below or the Attorney General on appeal contend the search was supported by probable cause or probable cause? (California, United States of America)
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)
What is the evidence that supports the argument that the evidence supports the proposition that there is no evidence supporting the claim? (California, United States of America)
Is there sufficient evidence to support appellant's claim that insufficient evidence supports his claim that he was convicted of failing to follow an instruction? (California, United States of America)
What is the test for dismissing or dismissing evidence that supports a claim that an illegal search would occur after the arrest? (California, United States of America)
Does the evidence support the finding that there was insufficient evidence to support a finding that the sexual assault charges against Backman were not supported by the weight of the evidence? (California, United States of America)
Is appellant's contention that there is insufficient evidence to support his claim of innocence on appeal cognizable on appeal? (California, United States of America)
What is the evidence that supports a claim that the evidence supports the claim? (California, United States of America)
In a minor's probation application to the Court of Appeal, is the minor's claim that the search of his pockets was not justified by the search incident to arrest exception to the warrant requirement? (California, United States of America)
Can a search undertaken pursuant to an invalid search warrant be considered incident to an arrest based upon probable cause? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.