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Some states require police to inform the person of the intent to make the arrest and the cause for the arrest. [19] However, it is not always obvious when a detention becomes an arrest. After making an arrest, police may search a person, their belongings, and their immediate surroundings.
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.
Kansas Supreme Court Chief Justice Marla Luckert appears uncomfortable with how far federal courts have gone in allowing evidence from unconstitutional searches.
After stopping a person based upon the reasonable belief that the person might be engaged in unlawful activity, or following a routine encounter such as a traffic stop, the police in the United States may perform a cursory search of the persons outer clothing for their own safety. Terry v. Ohio. [3]
The Supreme Court ruled in 2014 on whether a person’s cellphone can be searched by police officers without a warrant. Missouri and Kansas also have there own laws. Here’s what they say.
Police officers must have a search warrant to search someone’s phone even after the person has been arrested, according to Varghese. You have the right to refuse a search before, during and ...
Dareton police search the vehicle of a suspected drug smuggler in Wentworth, in the state of New South Wales, Australia, near the border with Victoria.. Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and ...
California law states police can only search your phone under these conditions.