http://saul-paradise.livejournal.com/ ([identity profile] saul-paradise.livejournal.com) wrote on February 1st, 2010 at 03:26 am
I've had the State take a position that since they had enough to arrest the defendant for an infraction, and Atwater v. City of Lago Vista upheld search incident to arrest for a traffic infraction, they can just search any time they stop someone for a traffic violation. It's a BS interpretation of the case, but CA courts have gone back and forth on this.
 
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