FlyerTalk Forums - View Single Post - So what exactly creates probable cause?
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Old Apr 30, 2009 | 7:33 pm
  #104  
law dawg
 
Join Date: Aug 2004
Posts: 4,704
Originally Posted by Trollkiller
If the briefcase is not pursuant to the arrest and the suspect has no access to it, the officer has no justification for not getting a warrant if they feel the briefcase contains evidence of a crime.
Mine was search incident to arrest.

Any evidence found in the briefcase could and should be tossed.
Wasn't. See above. Inventory searches are also permissible, and recommended.
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