Searches incident to a lawful arrest
Encyclopedia
In most cases, a search warrant
is required to perform a lawful search. An long-recognized exception to this requirement is searches incident to a lawful arrest. 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, in some way effect an escape, or destroy or hide evidence.
In the case of Arizona v. Gant
(April 21, 2009) the Supreme Court ruled a further exemption in that the police can search a car following arrest only if they could have a reasonable belief that the person arrested "could have accessed his car at the time of the search" or "that evidence of the offense for which he was arrested might have been found therein."
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
is required to perform a lawful search. An long-recognized exception to this requirement is searches incident to a lawful arrest. 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, in some way effect an escape, or destroy or hide evidence.
In the case of Arizona v. Gant
Arizona v. Gant
Arizona v. Gant, 556 U.S. 332 , was a United States Supreme Court decision which held that the Fourth Amendment to the United States Constitution requires law enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence...
(April 21, 2009) the Supreme Court ruled a further exemption in that the police can search a car following arrest only if they could have a reasonable belief that the person arrested "could have accessed his car at the time of the search" or "that evidence of the offense for which he was arrested might have been found therein."
See also
- Harris v. United States (1947), and United States v. Rabinowitz (1950), the decisions that were overruled by Chimel