What is the test for a warrantless search of a seized property?
California, United States of America
The following excerpt is from People v. Panfili, 145 Cal.App.3d 387, 194 Cal.Rptr. 1 (Cal. App. 1983):
A significant limit on the ability to examine seized property is that the inspection must be incident to a lawful arrest or booking procedure. Where the booking process has been wholly completed, and the property in question is secured beyond the reach of the arrested person, a warrantless search constitutes an invasion of the arrestee's remaining privacy interest in that property. (People v. Smith (1980) 103 Cal.App.3d 840, 844-845, 163 Cal.Rptr. 322.)
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