CHAPTER EIGHT

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CHAPTER EIGHT

• SEARCH INCIDENT TO ARREST

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Search Incident to Arrest

• Chimel v. California (1969)can search the person
  arrested and the area within his immediate
  control
• Purpose of the search
• Search for and remove weapons
• Seize evidence
• Prevent destruction of evidence

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What Can be Seized?

• Evidence of commission of crime
• Contraband or fruits of crime
• Property designed to be used to commit an offense
• Evidence of crime other than one arrested for

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Search of Arrestees Body

• Evidence in or on body
• Items on person
• Personal property and containers within immediate
  control

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Remote Items

• Search of luggage not allowed if
• Not at time and place seized
• No exigency

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State Constitutions

• Some dont allow full body searches
• No weapons search without reasonable suspicion is
  armed and dangerous

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Within Immediate Control

• Factors
• Size and shape of room
• Size and agility of arrestee
• Whether handcuffed
• Whats not allowed?
• What if the arrestee goes into another room?

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Motor Vehicles

• New York v. Belton
• Facts
• What can you search incident to arrest?
• What about passengers?

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Protective Sweep

• What can you seize?
• What is the basis?
• How long can it last?

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Other Requirements

• Lawful custodial arrest
• Knowles v. Iowa
• Contemporaneous
• When can you delay?
• When can search precede arrest?
• Who may conduct search?
• Use of force

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Search Incident to Detention

• What are the limits?
• Cupp v. Murphy

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SEARCH INCIDENT TO ARREST

• END CHAPTER EIGHT