Is a search of effects obtained from a defendant's person incident to his arrest?
California, United States of America
The following excerpt is from People v. Killion, 2d Crim. No. B239876 (Cal. App. 2012):
search of effects seized from the defendant's person is still incident to the defendant's arrest. [Citations.]" (United States v. Finley (5th Cir. 2007) 477 F.3d 250, 260, fn. 7.) Appellant's assertion that his post-Miranda statements and consent to search his residence was the tainted product of an unlawful arrest is without merit. (People v. Williams, supra, 156 Cal.App.4th at pp. 960-961.)
The judgment is affirmed.
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