Can a search of a vehicle without a warrant be used as justification for an arrest for a traffic violation?

California, United States of America


The following excerpt is from People v. Molarius, 146 Cal.App.2d 129, 303 P.2d 350 (Cal. App. 1956):

The search, which, as stated above, was of an automobile in which appellants were traveling at the time of their arrest, was made without a warrant. Obviously, the search [146 Cal.App.2d 131] bore no relation to the traffic violation nor to the vagrancy charges upon which appellants were booked and, therefore, was not justified as incidental to the arrest therefor. People v. Blodgett, 46 Cal.2d 114, 293 P.2d 57. Consequently, the determinative question on this appeal is whether there was any reasonable cause for the search. People v. Brown, 45 Cal.2d 640, 643-645, 290 P.2d 528; People v. Blodgett, supra. We have concluded that there was not.

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