Can a search of a suspect's purse after the suspect has been arrested and secured in the rear of a police car?

California, United States of America


The following excerpt is from People v. Rosser, A131162 (Cal. App. 2012):

On January 18, 2011, the trial court filed an order denying appellant's motion to suppress. The court's analysis was prefaced with this statement: "The sole issue in this case is whether a suspect's purse can be lawfully searched after the suspect has been arrested and secured in the rear of a patrol car? The simple answer to this question is 'yes.' " In its order, the court summarized the law governing "searches incident to arrest." It noted, among other things, that "[o]fficers who have made an arrest may, as a matter of routine, conduct a 'search incident to arrest'" and that, in so doing, they "are not required to prove the arrestee might have possessed a weapon or evidence." (Citing United States v. Robinson (1973) 414 U.S. 218, 235 (Robinson).)

Other Questions


When a suspect has been arrested on a charge of assault with intent to endanger life or cause grievous bodily harm, can police officers conduct a search before the arrested suspect's placement in jail? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
In a motion to suppress a search of a vehicle by police officers following an arrest, is the search not incident to an arrest? (California, United States of America)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
Does an anonymous tip to the police from a private investigator who provided information about a suspect lead to the arrest and search of the alleged suspect's home run afoul of the Fourth Amendment? (California, United States of America)
For the purposes of a search warrant, can the search warrant be used in the search of a defendant's automobile, at the police station and some time after his arrest? (California, United States of America)
Does the search-incident-to-arrest exception apply to a search where the search occurred prior to the arrest? (California, United States of America)
In what circumstances will the police search the vehicle of a suspect who has been arrested for driving under the influence of a narcotic? (California, United States of America)
What is the current state of the law on police search and detention of the occupants of a home during a search and arrest? (California, United States of America)
When searching a laptop computer and news articles about prior sexual assaults, can police search the laptop without a search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.