People v. White

I find no basis to uphold the warrantless search of defendant’s automobile some 18 hours after his arrest.

An evaluation of the legality of the search must begin with the premise that "searches conducted outside the judicial process, without prior approval by judge or magistrate, are per se unreasonable under the Fourth Amendment — subject to only a few specifically established and well-delineated exceptions”. Katz v United States, 389 US 347, 357; 88 S Ct 507; 19 L Ed 2d 576 (1967), Coolidge v New Hampshire, 403 US 443, 454-455; 91 S Ct 2022; 29 L Ed 2d 564 (1971). Though the Supreme Court…