Can a search for heroin be accelerated as part of a booking search?

California, United States of America


The following excerpt is from People v. Barajas, 147 Cal.Rptr. 195, 81 Cal.App.3d 999 (Cal. App. 1978):

Of course, as part of being booked into jail (which later took place), defendant was subject to a full body search in order to "provide for the safety of police personnel and other prisoners, to prevent the introduction of weapons and contraband into the jail, and to inventory the entering prisoner's property." (People v. Maher (1976) 17 Cal.3d 196, 201, 130 Cal.Rptr. 508, 512, 550 P.2d 1044, 1048.) Therefore the heroin would have been discovered later, unless somehow disposed of by defendant en route to the jail. Can the search therefore be justified as an "accelerated" booking search? We so hold.

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