California, United States of America
The following excerpt is from People v. Toulson, 272 Cal.App.2d 181, 77 Cal.Rptr. 271 (Cal. App. 1969):
Even if the officers had reasonable and probable cause to believe that defendant had narcotics in his room, an entry or a search of his room without a warrant could be justified only as an incident to a lawful arrest or pursuant to a valid consent. (People v. Henry (1967) supra, 65 Cal.2d 842, 845, 56 Cal.Rptr. 485, 423 P.2d 557.)
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