Does a police officer's subjective belief that a search incident to arrest might uncover evidence of crime invalidate an arrest under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. McKay, 117 Cal.Rptr.2d 236, 27 Cal.4th 601, 41 P.3d 59 (Cal. 2002):
17. The officer's subjective belief that a search incident to arrest might uncover evidence of a crime, however, does not invalidate an arrest under the Fourth Amendment. (Arkansas v. Sullivan, supra, 532 U.S. at p. 771 [121 S.Ct. at p. 1878].)
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