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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.
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]
People v. Diaz, 51 Cal. 4th 84, 244 P.3d 501, 119 Cal. Rptr. 3d 105 (Cal. January 3, 2011) was a Supreme Court of California case, which held that police are not required to obtain a warrant to search information contained within a cell phone in a lawful arrest. [1]
Birchfield was a consolidation of three cases: Birchfield v.North Dakota, Bernard v.Minnesota, and Beylund v.Levi.Birchfield was charged with violation of a North Dakota statute for refusing to submit to blood alcohol content testing; Bernard was charged with a violation of a Minnesota statute for refusing to submit to breath alcohol testing; Beylund underwent a blood alcohol test consistent ...
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.
Many circuit courts have said that law enforcement can hold your property for as long as they want. D.C.’s high court decided last week that’s unconstitutional.
United States v. Robinson, 414 U.S. 218 (1973), was a case in which the United States Supreme Court held that "in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that Amendment."
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