Is there a Fourth Amendment violation based on the search of the person during the initial arrest?

MultiRegion, United States of America

The following excerpt is from Sharp v. Cnty. of Orange, 871 F.3d 901 (9th Cir. 2017):

Sharp III next asserts a Fourth Amendment violation based on the search of his person during the initial arrest. Police officers have the categorical authority to conduct a search of an arrestee's person incident to a lawful arrest. See United States v. Robinson , 414 U.S. 218, 235, 94 S.Ct. 467, 38 L.Ed.2d 427 (1973). Having concluded that the arrest was unconstitutional, the search too must be deemed unlawful. But as we noted earlier, the arrest was not clearly proscribed by established law, and neither is the subsequent search. Plaintiffs do not identify a single case that clearly establishes a search in these circumstances would be unconstitutional. Accordingly, qualified immunity should have been granted.

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