If there is probable cause for this search, is it incidental or contemporaneous to a lawful arrest?
MultiRegion, United States of America
The following excerpt is from Oelke v. United States, 389 F.2d 668 (9th Cir. 1968):
If there was probable cause for this arrest, the search, if reasonable, incidental and contemporaneous to a lawful arrest, was likewise proper. Preston v. United States, 376 U.S. 364, 367, 84 S. Ct. 881, 11 L.Ed.2d 777 (1964); Harris v. United States, 331 U.S. 145, 67 S.Ct. 1098, 91 L.Ed. 1399 (1946). The government summarizes the evidence as to probable cause as follows:
[389 F.2d 673]
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