9.13 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search Incident to Arrest is an exception to the Fourth Amendment, which protects individuals against unreasonable search and seizure. This exception allows law enforcement officers to search a person without a warrant if they have been lawfully arrested. Generally, this includes a search of the person’s clothing and belongings, as well as any property or vehicle in their possession. This type of search is limited to only what is necessary to ensure the officer’s safety and to prevent the destruction of evidence. There are two types of search incident to arrest: a search of the arrested’s person and a search of the area immediately surrounding the arrested.
9.13 Particular Rights-Fourth Amendment-Unreasonable Search-Exception to Warrant Requirement-Search Incident to Arrest
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FAQ
Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v. California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee's immediate control, in the interest of officer
An unreasonable search and seizure is a search and seizure executed 1) without a legal search warrant signed by a judge or magistrate describing the place, person, or things to be searched or seized or 2) without probable cause to believe that certain person, specified place or automobile has criminal evidence or 3)
An individual is pulled over for a minor traffic infraction, and the police officer searches the vehicle's trunk. An individual is arrested. Police officers enter an individual's house to place them under arrest. Police officers enter an individual's apartment to search for evidence of a crime.
United States v. Robinson (1973) ? The U.S. Supreme Court held that "in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that Amendment."
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things
The Fourth Amendment prohibits the United States government from conducting ?unreasonable searches and seizures." In general, this means police cannot search a person or their property without a warrant or probable cause. It also applies to arrests and the collection of evidence.
For example, if they had a warrant to search your car they could not also search your home. However, they can search outside the scope of the warrant and seize other items if they are in plain view. They can also act to prevent the destruction of evidence.
The arresting officer found a cell phone on the defendant and downloaded its entire memory at the time. The court upheld the search of the defendant's cell phone under the preserve evidence prong of the search incident to arrest exception.