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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.
The standards of probable cause [102] differ for an arrest and a search. The government has probable cause to make an arrest when "the facts and circumstances within their knowledge and of which they had reasonably trustworthy information" would lead a prudent person to believe the arrested person had committed or was committing a crime. [103]
In the United States, any person, including a private investigator, criminal research or background check company, may go to a county courthouse and search an index of criminal records by name and date of birth or have a county clerk search for records on an individual. Such a search may produce information about criminal and non-criminal ...
Police officers in various jurisdictions have power to search members of the public, for example, for weapons, drugs and stolen property. [1] This article concerns searches of members of the public who have not been arrested and who are not held in detention. For search powers in relation to those persons see Search on arrest and Searches in ...
[21] [22] It is not clear whether a "stop and identify" law could compel giving one's name after being arrested, although some states have laws that specifically require an arrested person to give their name and other biographical information, [23] and some state courts [24] [25] have held that refusal to give one's name constitutes obstructing ...
Police have arrested a man on suspicion of murder as they continue searching for a missing person. Officers have been carrying out inquiries in Duke Street, Chelmsford, as they look for a 46-year ...
Chimel v. California, 395 U.S. 752 (1969), was a 1969 United States Supreme Court case in which the court held that police officers arresting a person at his home could not search the entire home without a search warrant, but that police may search the area within immediate reach of the person without a warrant. [1]
Elderly man, 77, arrested for 1969 cold case murder of 17-year-old girl found in ditch with 12 stab wounds. ... More than 700 people were investigated over the years before the case finally went cold.
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