People v. Silvey

I dissent.

Application of the doctrines discussed by the majority is somewhat clouded by the statement in United States v. Chadwick (1977) 433 U.S. 1, 15 [53 L.Ed.2d 538, 550-551, 97 S.Ct. 2476], that “warrantless searches of luggage or other property seized at the time of an arrest cannot be justified as incident to that arrest either if the ‘search is remote in time or place from the arrest,’ [citation] or no exigency exists.” Taken out of context, this statement does suggest that any property seized from an arrestee and safely reduced to the exclusive control of police officers is outside…