Is a search conducted by a police officer in a motel room valid when the officer has not yet made an arrest?
MultiRegion, United States of America
The following excerpt is from U.S. v. Albrektsen, 151 F.3d 951 (9th Cir. 1998):
4 Of course, it is of no consequence that the officer had not yet made the arrest when he entered the motel room. As we held in United States v. Potter, 895 F.2d 1231 (9th Cir.1990), "[a] search incident to an arrest is valid whether it occurs immediately before or after the arrest." Id. at 1234.
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