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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.
IV. Illinois v. McArthur, 531 U.S. 326 (2001), was a United States Supreme Court case decided in 2001. The case concerned the extent of the government’s power to limit an individual’s complete control of his or her home pending the arrival of a search warrant. A divided Court held that the search was not unconstitutional because there was a ...
Case history; Prior: 58 Ill. App. 3d 57, 373 N. E. 2d 1013: Holding; When a search warrant specifies the person or people named in the warrant to be searched and the things to be seized, there is no authority to search others not named in the warrant, unless the warrant specifically mentions that the unnamed parties are involved in criminal activity or exigent circumstances are clearly shown.
Probable cause. Appearance. In United States criminal law, probable cause is the legal standard by which police authorities have reason to obtain a warrant for the arrest of a suspected criminal and for a court's issuing of a search warrant. [ 1 ] One definition of the standard derives from the U.S. Supreme Court decision in the case of Beck v.
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 ...
The Bill of Rights in the National Archives. The Fourth Amendment (Amendment IV) to the United States Constitution is part of the Bill of Rights.It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be ...
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