Nancy called 911 late one night and stated that there was a man in her backyard looking in her daughter's window. She was unable to give a description of the man. Officer Oliver arrived at the scene 10 minutes later. He went into the back yard and observed Pat standing about 15 feet from the house. He arrested Pat for violation of a penal code section that applies to voyeurism, a misdemeanor. Pat was transported to the city jail. Officer Randall, the booking officer, searched the backpack that Pat was carrying and found a magazine containing child pornography. Was the seizure of the magazine containing child pornography a valid booking search?
A) Yes, Officer Randall is allowed to search everything that a person has in his or her possession at the time of booking.
B) Yes, Officer Randall is required to make an itemized inventory everything that is taken from a person at the time of booking.
C) No, Officer Randall is not allowed to search the backpack because the search should have been done by Officer Oliver at the time Pat was arrested.
D) No, Officer Randall had the authority to take the backpack and place it in the inmate property room but he did not have the right to search it.
Correct Answer:
Verified
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