In searches incident
to a lawful arrest, the arrest must precede the search; generally, the
process cannot be reversed.
Nevertheless,
a search substantially contemporaneous with an arrest can precede
the arrest if the police have probable cause to make the arrest at the outset
of the search. (SY VS. PEOPLE, 2011, PERALTA, J.).
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.