Can a warrantless search that precedes an arrest fall within the search-incident-to-arrest exception?

I join the courts opinion because it faithfully applies the rule we adopted in United States v. Smith , 389 F.3d 944 (9th Cir. 2004) (per curiam). There, we held that a warrantless search that precedes an arrest may nonetheless fall within the search-incident-to-arrest exception if "the search is conducted roughly contemporaneously with the arrest" and probable cause to arrest existed at the time of the search. Id. at 952. This rule has not been universally embraced. Many courts have adopted it, but some have rejected it in

[913 F.3d 804]