Is a search of a defendant's automobile a search incident to his arrest?
California, United States of America
The following excerpt is from People v. Dumas, 109 Cal.Rptr. 304, 9 Cal.3d 871 (Cal. 1973):
6 The search of defendant's automobile was clearly not a search incident to his arrest since the automobile was not within his immediate control in the sense that he could have obtained a weapon or destructible evidence from it. (Chimel v. California (1969) 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 685.)
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