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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.
George E Dicks, "Entry to Execute Search Warrants in Texas Criminal Procedure" (1992) 19 American Journal of Criminal Law 159 (No 2, Winter 1992) ^ The citation of this Act by this short title is authorised by article 1.01 of this Act.
Texas law states: “A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed ...
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 ...
United States (1948), the Supreme Court held that "a search or seizure without a warrant as an incident to a lawful arrest has always been considered to be a strictly limited right. It grows out of the inherent necessities of the situation at the time of the arrest. But there must be something more in the way of necessity than merely a lawful ...
Regarding the issuance of a warrant for arrest, probable cause is the “information sufficient to warrant a prudent person’s belief that the wanted individual had committed a crime (for an arrest warrant) or that evidence of a crime or contraband would be found in a search (for a search warrant)”. As a legal standard, probable cause is ...
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