Is a search conducted prior to an arrest unlawful?
California, United States of America
The following excerpt is from People v. Lopez, 185 Cal.App.2d 301, 8 Cal.Rptr. 184 (Cal. App. 1960):
'Where an arrest is lawful the search incident thereto is not unlawful merely because it precedes rather than follows the arrest. People v. Boyles, supra, 45 Cal.2d 652, 655, 290 P.2d 535; People v. Simon, 45 Cal.2d 645, 648, 290 P.2d 531. Here the officers testified that the arrest preceded the search. The arrest is not sought to be justified by what the search produced.'
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