What is the test for a warrantless search of a defendant in a criminal case?
"New York", United States of America
The following excerpt is from People v. Darby, 60 Misc.3d 1063, 81 N.Y.S.3d 870 (N.Y. City Ct. 2018):
Undisputably, once police make a lawful arrest, they may search a defendant incident to that arrest. See People v. Valentine , 220 A.D.2d 708, 632 N.Y.S.2d 663 (2d Dep't 1995) ; People v. Mena-Coss , 210 A.D.2d 745, 620 N.Y.S.2d 547 (3d Dep't 1994). Such a search, however, does not automatically authorize the warrantless search of closed pouches, or containers, without exigent circumstances.
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