California, United States of America
The following excerpt is from The People v. Mckneely, A126686, No. 05-081501-9 (Cal. App. 2010):
permits the officer to conduct a full-blown search of the individual or to seize the object felt depends on whether the officer had probable cause to arrest the person for narcotics possession; the warrantless search then becomes justified as a search incident to arrest. [Citation.]" (People v. Dibb (1995) 37 Cal.App.4th 832, 835-836, italics omitted.)" '[P]robable cause may be furnished by the officer's actual tactile perception of narcotics during a pat-search for weapons [citation], or by the officer's identification of an item which, when coupled with other circumstances, creates a reasonable inference that the item is contraband [citation].' [Citations.]" (People v. Limon, supra, 17 Cal.App.4th at p. 536.)
McKneely concedes that if there was probable cause to arrest him, the search of his pocket would be justified as incident to a lawful arrest.4 In this case, the " 'officer's sensorial perception, coupled with the other circumstances, was sufficient to establish probable cause to arrest the defendant for possession of narcotics before the entry into the pocket.' " (People v. Limon, supra, 17 Cal.App.4th at p. 536.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.