What is the test for finding that a search of a defendant's backpack was unreasonable under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Patterson, E063168 (Cal. App. 2016):
Defendant also relies on Arizona v. Gant (2009) 556 U.S. 332, which he claims is "squarely on point," for the proposition that "the search of the backpack was . . . unreasonable under the Fourth Amendment based on the search-incident-to-arrest exception." In Gant, the defendant was arrested for driving on a suspended license, and he was handcuffed and locked in a patrol car before officers searched his car, where they
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