California, United States of America
The following excerpt is from People v. Scott, 128 Cal.Rptr. 39, 16 Cal.3d 242, 546 P.2d 327 (Cal. 1976):
Likewise, in People v. Superior Court (Simon), supra, 7 Cal.3d 186, 101 Cal.Rptr. 837, 496 P.2d 1205, the other case on which the majority rely, the search was found to be defective because there was No probable cause to arrest the defendant for a nontraffic arrest. (Id. at pp. 195--198, 101 Cal.Rptr. 837, 496 P.2d 1205.) There is no language in Simon that fairly suggests that if probable cause had existed to arrest for a nontraffic offense, the search would nonetheless be improper because no arrest was made.
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