- Associated Press - Monday, December 5, 2016

SAN FRANCISCO (AP) - The Latest on a California Supreme Court ruling limiting police power to conduct searches (all times local):

3:45 p.m.

The California Supreme Court has limited police power to conduct searches.

The court issued its ruling Monday in a case involving a search conducted before an arrest.

In a unanimous ruling, the court says police may be able to conduct a search before making an arrest only if they have probable cause to make that arrest in the first place.

The case stems from a 2012 traffic stop in Torrance of bicycle rider Paul Macabeo. Police did not place Macabeo under arrest until they searched his cellphone and said they found child pornography on it.

The court said police could not have arrested Macabeo for the traffic violation. Because they had no probable cause to arrest him for something else, the subsequent search was unlawful.

___

9:15 a.m.

The California Supreme Court is set to issue a ruling on police authority to conduct searches.

The decision expected Monday will address police power to search people during traffic stops. At issue is whether police must first make an arrest for a traffic violation before conducting a search or can conduct a search beforehand as long as the person is later arrested, even for an unrelated crime.

The case stems from a 2012 traffic stop of a bicycle rider, Paul Macabeo, by police in Torrance. Police did not place Macabeo under arrest until they searched his cellphone and say they found child pornography on it.

Macabeo’s attorneys say the search was unlawful because it occurred before his arrest.

Prosecutors disagree, saying police had probable cause to arrest Macabeo for the traffic violation and quickly arrested him after.


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