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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.
Texas law states: “A peace officer or any other person, may, without a warrant, arrest an offender when the offense is committed in his presence or within his view, if the offense is one classed ...
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 ...
Riley v. California, 573 U.S. 373 (2014), [1] is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment.
George E Dicks, "Entry to Execute Search Warrants in Texas Criminal Procedure" (1992) 19 American Journal of Criminal Law 159 (No 2, Winter 1992) ^ The citation of this Act by this short title is authorised by article 1.01 of this Act.
The jail was issued a noncompliance notice from the Texas Commission on Jail Standards related to identification. Jail or Agency: Hunt County Criminal Justice Center; State: Texas; Date arrested or booked: 3/1/2016; Date of death: 6/13/2016; Age at death: 36; Sources: Texas Commission on Jail Standards, www.heraldbanner.com
An arrest without warrant is generally allowed when: The person has committed a felony or misdemeanor , and the officer has witnessed it A felony has been committed and the officer reasonably believes, known as probable cause , the person being arrested is the one who has committed it, as long as immediately after a warrant is obtained from the ...