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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.
Chambers v. Maroney, 399 U.S. 42 (1970), was a United States Supreme Court case in which the Court applied the Carroll doctrine [1] in a case with a significant factual difference—the search took place after the vehicle was moved to the stationhouse. The search was thus delayed and did not take place on the highway (or street) as in Carroll. [2]
Gant limited searches incident to arrest to circumstances in which it is reasonable to believe that the arrested individual might access the vehicle at the time of the search or that the arrestee's vehicle contains evidence of the offense that led to the arrest. The court suggested in dictum that "when a recent occupant is arrested for a ...
The Texas Constitution says: “The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to ...
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."
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 ...
Thus, for example, in Leon itself, the court concluded that the fruits of a search based on a search warrant later found defective should not be excluded because the rule's deterrent purpose "will only rarely be served by applying it in such circumstances," [7] and in Arizona v.
Trupiano v. United States, 334 U.S. 699 (1948), was a US Supreme Court decision that ruled that warrantless searches following arrests were unconstitutional under the Fourth Amendment to the United States Constitution.