California, United States of America
The following excerpt is from People v. Rogers, 270 Cal.App.2d 705, 75 Cal.Rptr. 919 (Cal. App. 1969):
[270 Cal.App.2d 711] The Attorney General cites People v. Winston (1956) 46 Cal.2d 151, 293 P.2d 40, for further support. In Winston, defendant was charged on four counts: Counts one and two related to his alleged furnishing of marijuana to two minor girls on Junuary 2, 1954; count three related to his furnishing marijuana to one of the girls on March 13, 1954, and count four related to possession of marijuana on September 1, 1954 (the date he was arrested by officers, armed with an arrest warrant, in his apartment). The search incident to the arrest was held to be lawful. The officers found three partially smoked marijuana cigarettes in the kitchen under a table scarf on top of the bread box. We believe that the holding in Winston supports the validity and reasonableness of the search in the instant case.
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