Does a police officer have probable cause for arrest for possessing a lapel pin with a knife?
The following excerpt is from Smith v. United States, 402 F.2d 771 (9th Cir. 1968):
The officer's subjective reliance, in making the arrest, upon his prior discovery of the knife did not reflect upon probable cause for arrest. The existence of probable cause is not determined by an analysis of the extent of subjective certainty of the arresting officer, but by an objective standard of reasonableness. Brinegar v. United States, 338 U.S. 160, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949). At the time of the arrest the officer was in possession of facts more than ample to provide probable cause to suppose that appellant was the robber, even without reliance upon the discovery of the knife. The arrest, then, was proper and the lapel pin was admissible as the product of a search incident to a lawful arrest.
Other assignments of error we regard as without merit.
Judgment affirmed.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
