Is a search of the passenger compartment of a vehicle suppressed if the search was conducted prior to arrest?
MultiRegion, United States of America
The following excerpt is from U.S. v. Ortiz, 43 F.3d 1480 (9th Cir. 1994):
1 Ortiz only contends that the fruits of any search must be suppressed because his arrest was unlawful. He has not challenged the propriety of the search incident to arrest. See New York v. Belton, 453 U.S. 454, 460 (1981) (holding that when law enforcement officer makes lawful custodial arrest of automobile's occupant, officer may search passenger compartment of automobile as contemporaneous incident of arrest).
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