BELL, Chief Judge.
1. At the outset it is readily apparent that the search of the defendant and the seizure of the evidence from his person cannot be justified on the theory that it was incident to a lawful arrest. There was no probable cause to arrest the defendant as he was not observed in the commission of any crime. Code § 27-207. The validity of the search of the defendant's person must rest on the warrant that was issued, i. e., to search the person...
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