Exceptions to Warrants

Search incident to arrest

Certain searches may be conducted absent the existence of a warrant if (1) there is a lawful arrest, (2) the search is substantially contemporaneous with the arrest, and (3) the search is confined to the immediate vicinity of the arrest. The third of these requirements is the most delicate and must be addressed in-depth.

If the search in question is of a general area, as opposed to a search of a person or car, the search must be limited to the immediate area from which the arrestee is able to reach weapons or evidence. For example, in Chimel v. California, 395 U.S. 752 (1969), police officers obtained a warrant to arrest a suspect for burglary of coins from a coin shop (note: the warrant was to arrest the suspect, not to search his home). After the suspect's wife allowed the officers into the suspect's home, the cops had the woman empty bedroom drawers. The United States Supreme Court determined that this was not a search incident to arrest, because it was not in the immediate area of the suspect . . .

To continue reading this information, you must register with Criminal-Procedure.com. Please enter your username and password to log in. Username: Password:   If you do not have a username and password, click here to register for your free account.

About Criminal-Procedure.com | Terms & conditions | Contact us
Page last updated: 2/17/2007
© 2007 Criminal-Procedure.com