Searches incident to a lawful arrest
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In the United States citizens are protected by the Fourth Amendment to the United States Constitution against unreasonable search and seizure. In most cases, a search warrant is required to perform a lawful search. An exception to this requirement is searches incident to a lawful arrest. This is also known as the Chimel Rule after the case that established it, Chimel v. California. This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon or destroy or hide evidence.[1]
[edit] References
- ^ O'Connor, T (05/15/06). Retrieved August 14, 2006, from SEARCH AND SEIZURE: A GUIDE TO RULES, REQUIREMENTS, TESTS, DOCTRINES, AND EXCEPTIONS Web site: http://faculty.ncwc.edu/toconnor/405/405lect04.htm
