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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 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 ...
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 New York Times called the case "a significant victory for law enforcement." [3] The Electronic Frontier Foundation wrote that the opinion was based on a "misguided belief that a user understands and voluntarily chooses to reveal their location to the cell phone provider and ultimately the government through the user's own free will." [4]
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 ...
In June 2014, the Supreme Court ruled that law enforcement officers need a search warrant before accessing information from internet service providers about users’ identities. The context behind this 8-0 ruling is an adolescent Saskatchewan man charged with possessing and distributing child pornography. [ 14 ]
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