Does a police officer need to obtain a warrant for a second search of a purse?

California, United States of America


The following excerpt is from People v. Bullwinkle, 105 Cal.App.3d 82, 164 Cal.Rptr. 163 (Cal. App. 1980):

3 We are aware of the recent decision in People v. Smith (1980) --- Cal.App.3d ---, 163 Cal.Rptr. 322, but find it distinguishable. There, after the defendant's purse had been subjected to a booking search and then placed in a property locker, an officer removed the purse and conducted a second search the following day, which the People sought to uphold on a booking search theory. The court held that once a booking search had been conducted and the property placed in storage, a warrant (or additional exception to the warrant requirement) was necessary for another search. The court expressly declined to decide whether the initial booking search required a warrant.

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