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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.
On the day of the arrest in June 2009, dozens of officers arose before dawn. After being briefed on a search warrant they were told would be executed outside the city, but with few details beyond that, they were assigned to wait near Lazarus's home in Simi Valley and that city's Metrolink station, where Lazarus commuted to the city. [10]
IV. 21 U.S.C. §§ 841 (a) (1), 846. Steagald v. United States, 451 U.S. 204 (1981), is a United States Supreme Court case which held that, based on the Fourth Amendment, a police officer may not conduct a warrantless search of a third party's home in an attempt to apprehend the subject of an arrest warrant, absent consent or exigent circumstances.
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 ...
Stephen C. Stearns. Stephen C. Stearns (born December 12, 1946, in Kapaau, Hawaii and raised in Hawi, Hawaii) [ 1 ] is an American biologist, and the Edward P. Bass Professor of Ecology and Evolutionary Biology Emeritus at Yale University. He is known for his work in life history theory and evolutionary medicine. [ 2 ]
An arrest warrant is an "outstanding arrest warrant" when the person named in the warrant has not yet been arrested. A warrant may be outstanding if the person named in the warrant is intentionally evading law enforcement, unaware that there is a warrant out for their arrest, the agency responsible for executing the warrant has a backlog of ...
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