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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 safety, the prevention of escape, and the preservation of evidence.
Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
The Bill of Rights prevents law enforcement from searching cell phones during a traffic stop without a judge-issued warrant. The Fourth Amendment prohibits “unreasonable search and seizure ...
A law enforcement agency (LEA) has powers, which other government subjects do not, to enable the LEA to undertake its responsibilities. These powers are generally in one of six forms: Exemptions from laws; Intrusive powers, for search, seizure, and interception; Legal deception; Use of force and constraint of liberty; Jurisdictional override ...
Torres v. Madrid, 592 U.S. 306 (2021), was a United States Supreme Court case based on what constitutes a "seizure" in the context of the Fourth Amendment to the United States Constitution, in the immediate case, in the situation where law enforcement had attempted to use physical force to stop a suspect but failed to do so.
Epilepsy can affect employment for a variety of reasons. Many employers are reluctant to hire a person they know has epilepsy, even if the seizures are controlled by medication. If the employee has a seizure while at work, they could harm themselves (but rarely others, contrary to popular belief) depending on the nature of the work.
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
John F Onion Jr and Warren E White, "Texas Code of Criminal Procedure: Its 1965 & 1967 changes affecting Corporation Courts and Police Practices" (1968) 10 South Texas Law Journal 92 Gary A Udashen and Barry Sorrels, "Criminal Procedure: Confession, Search and Seizure" (1991) 45 Southwestern Law Journal 263 (No 1, Summer 1991) (Annual Survey of ...