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Article 14.01 of the Texas Code of Criminal Procedure states that a peace officer “or other person” can make an arrest without a warrant when an offense is committed in their presence or ...
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.
In the Philippines, as provided in Rule 113, Section 5 of the 2000 Revised Rules of Criminal Procedure, [4] a peace officer or a private person may, without a warrant, arrest a person: When, in his presence, the person to be arrested has committed, is actually committing, or is attempting to commit an offense (in flagrante delicto arrest);
However, certain exceptions to the warrant requirement exist. After stopping a person based upon the reasonable belief that the person might be engaged in unlawful activity, or following a routine encounter such as a traffic stop, the police in the United States may perform a cursory search of the persons outer clothing for their own safety.
California that a person’s cell phone can’t be searched by law enforcement without a valid warrant because there’s a reasonable expectation of privacy. While an officer can ask to look at ...
United States v. Robinson, 414 U.S. 218 (1973), was a case in which the United States 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."
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.
Florence v. Board of Chosen Freeholders, 566 U.S. 318 (2012), was a United States Supreme Court case in which the Court held that officials may strip-search individuals who have been arrested for any crime before admitting the individuals to jail, even if there is no reason to suspect that the individual is carrying contraband.