The following excerpt is from People v. Diaz, 595 N.Y.S.2d 940, 612 N.E.2d 298, 81 N.Y.2d 106 (N.Y. 1993):
* As explained by Justice Traynor in People v. Simon, 45 Cal.2d 645, 648, 290 P.2d 531, 533: "Thus, if the officer is entitled to make an arrest on the basis of information available to him before he searches, and as an incident to that arrest is entitled to make a reasonable search of the person arrested * * *, there is nothing unreasonable in his conduct if he makes the search before instead of after the arrest. In fact, if the person searched is innocent and the search convinces the officer that his reasonable belief to the contrary is erroneous, it is to the advantage of the person searched not to be arrested. On the other hand, if he is not innocent or the search does not establish his innocence, the security of his person, house, papers, or effects suffers no more from a search preceding his arrest than it would from the same search following it."
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