United States v. Ho

E. GRADY JOLLY, Circuit Judge:

The sole issue addressed in this Fourth Amendment warrantless search and seizure case is whether the police officer had probable cause to arrest A1 Dac Ho before Ho revoked his voluntary consent to search his *934portfolio. Based on the explicit testimony from the suppression hearing, we conclude that, at the time Ho withdrew his consent, the officer did not have probable cause to arrest Ho, and thus lawfully could not continue the warrantless search of Ho’s portfolio as a search incident to arrest. The evidence obtained after Ho revoked his consent was the fruit of…