Search results
Results from the WOW.Com Content Network
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.
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]
The "balancing test drawn from Keith" is a reference to United States v. U.S. District Court, in which the Supreme Court of the United States established a legal test to determine whether the primary use of the warrantless search was to collect foreign intelligence, as per presidential authority, or whether that primary use is to gather ...
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...
Knowles v. Iowa, 525 U.S. 113 (1998), was a decision by the United States Supreme Court which ruled that the Fourth Amendment prohibits a police officer from further searching a vehicle which was stopped for a minor traffic offense once the officer has written a citation for the offense.
Thornton v. United States, 541 U.S. 615 (2004), was a decision by the United States Supreme Court, which held that when a police officer makes a lawful custodial arrest of an automobile's occupant, the Fourth Amendment to the United States Constitution allows the officer to search the vehicle's passenger compartment as a contemporaneous incident of arrest. [1]
Get AOL Mail for FREE! Manage your email like never before with travel, photo & document views. Personalize your inbox with themes & tabs. You've Got Mail!
A warrantless search of a surrounding area incident to a lawful arrest is constitutional and not unreasonable under the Fourth Amendment. Court membership; Chief Justice Fred M. Vinson Associate Justices Hugo Black · Stanley F. Reed Felix Frankfurter · William O. Douglas Robert H. Jackson · Harold H. Burton Tom C. Clark · Sherman Minton