In arresting defendant for possessing an unlawful weapon, can the police search the package without a warrant?

California, United States of America


The following excerpt is from People v. Lamzon, C078871 (Cal. App. 2016):

in arresting defendant for possessing an unlawful weapon. (See Pen. Code, 22210 [criminalizing possession of a billy]; People v. Davis (2013) 214 Cal.App.4th 1322, 1328, 1329 [a billy includes an ordinarily harmless object "when the circumstances of possession demonstrate an immediate atmosphere of danger," which in that case was a bat that the defendant told police he needed "for protection"].)

Finally, the police did not err in searching the package without a warrant. "Police may search a vehicle incident to a recent occupant's arrest only if the arrestee is within reaching distance of the passenger compartment at the time of the search or it is reasonable to believe the vehicle contains evidence of the offense of arrest. " (Arizona v. Gant (2009) 556 U.S. 332, 351 [173 L.Ed.2d 485, 501].) Here, it was reasonable for the officers to believe that the bicycle contained evidence (the billy) of the offense of arrest, (possession of a billy), because it was defendant who told police officers that the package contained a stick for protection.

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