Macauley v. Barr & Lane, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “[t]o adopt the proposition that the search was valid because there was probable cause to arrest puts the cart before the horse. An arrest is an essential requisite to a search incident”
• stating “the police may not utilize the existence of probable cause as a trump card to justify warrantless personal searches”
• “[T]he police may not utilize the existence of probable cause as a trump card to justify warrantless personal searches. Unless and until a person is arrested, a full body search without a warrant or exceptional circumstances is constitutionally unreasonable.”
• ‘‘[T]he police may not utilize the existence of probable cause as a trump card to justify warrantless personal searches. Unless and until a person is arrested, a full body search without a warrant or exceptional circumstances is constitutionally unreasonable.”
• “The State cannot have it both ways, they must choose. Here the police made a deliberate choice that the [undercover status of the buyer] was more important than the immediate arrest of the defendant and they must be bound by that choice.”

Source: CourtListener parenthetical corpus (CC0).