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.)
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