Is a warrantless search of a person's wallet a valid search incident to arrest?

California, United States of America


The following excerpt is from People v. Diaz, 11 Cal. Daily Op. Serv. 107, 119 Cal.Rptr.3d 105, 244 P.3d 501, 51 Cal.4th 84 (Cal. 2011):

7 Defendant's argument implicitly recognizes that courts commonly hold that delayed warrantless searches of wallets found on arrestees' persons are valid searches incident to arrest. (See, e.g., United States v. Passaro (9th Cir.1980) 624 F.2d 938, 943-944.)

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