What is the effect of a search and seizure of illegal drugs in the home of appellant during the search?
California, United States of America
The following excerpt is from People v. Aguilar, 13 Cal.Rptr. 121, 191 Cal.App.2d 887 (Cal. App. 1961):
The fact that appellant was not arrested for any offense with reference to narcotics until after the search and the finding of the narcotics in the house is not particularly important. Where an arrest is lawful, a search incident thereto is not unlawful merely because it precedes rather than follows the arrest. People v. Ingle, 53 Cal.2d 407, 413, 2 Cal.Rptr. 14.
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