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Case Brief 13 - officers with chimel’s wife escorting...

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Christopher Jewell CRJ-205 3-24-08 Case Brief 13 I. Chimel v. California 395 U.S. 752 (1969) II. History: Chimel prosecuted for robbery of a coin shop. Appealed in California Superior Court. The California Supreme Court affirmed and Chimel petitioned the USSC for a writ of certiorari. The SC granted and reversed III. Facts of Case a. Acts By Government Officials: Three officers arrived at Chimel’s home to serve a warrant for his arrest on burglary of a coin shop. The officers identified themselves at police to his wife and waited for him to return home from work. When chimel walked inside they showed him the warrant and asked if they could look around. Chimel objected byt was advised that “”on the basis of the lawful arrest” the officers would nonetheless conduct the search. No search warrant was issued. The
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Unformatted text preview: officers, with chimel’s wife escorting, searched the house and asked Ms. Chimel to move things around so they could see if they found anything. They found coins, medals, and tokens. b. Objective Basis: They had the basis of the lawful arrest to search the house for any of the stolen merchandise. IV. Legal Question: Were the officers justified in searching the house after arresting chimel a. Three Police officers b. Searching through Chimels house after arresting but with no search warrant c. 4 th amendment against unreasonable searches V. Opinion: The search went way beyond Chimels immediate area where he could have obtained a weapon or hid evidence against him. The search was unconstitutional under the 4 th amendment against unreasonable search and seizure VI. Judgment: Reversed...
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  • Spring '08
  • Neilson
  • Fourth Amendment to the United States Constitution, lawful arrest, Christopher Jewell CRJ-205, Ms. Chimel, coin shop

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