In a search conducted with probable cause to arrest, what is the effect of the officer's after-the-fact characterization of the search?

California, United States of America


The following excerpt is from People v. Adams, 175 Cal.App.3d 855, 221 Cal.Rptr. 298 (Cal. App. 1985):

Actions speak louder than words. It would be ludicrous to throw out evidence obtained in a search conducted with probable cause to arrest because of the officer's after-the-fact characterization of his actions. We are concerned with the officer's belief as to what it is, factually, he is observing not with his belief as to the legal significance of what he observes. (See 1 LaFave, Search and Seizure (1985 Pocket Supp.) 3.2, p. 177.) In People v. Lewis

Page 303

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