CB Chimel v. California - resist or escape arrest. Other...

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Chimel v. California 395 U.S. 752 (1969) Fact: Procedural Facts: Operative Facts: Mrs. Chimel allowed two officer who requested to come inside, indoors. They waited for Mr. Chimel to come home soon after, and arrested him. They searched his house right after the arrest, since they were there. There was no search warrant or permission from the owner. The officer’s seized many evidence from around the home including the attic, garage, and small workshop, and Mr. Chimel objected saying they were unconstitutionally seized. Issue: Question: Does the 4 th amendment allow police officers to search your home without a search warrant even if you were arrested in your own home. Rule: Police may search on the person and anywhere within reach of the suspect for any evidence or weapons. Rational: Police although do not have the right to unreasonably search areas, they may search the immediate area of the arrest for concealed weapons that could aid the person under arrest to
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Unformatted text preview: resist or escape arrest. Other areas outside of the immediate reachable areas from the arrested are considered unreasonable hence unconstitutional. Holding: The search of Mr. Chimels home was not constitutional because it searched outside the reasonable approximant area of Mr. Chimel. There was reasonable belief that the attic and the garage were not within reachable distance of Mr. Chimel to be of any danger to the officers. Synthesis: Dissent/Concurrences: Justice White and Black Dissent: They believe that because the arrest as occurred, and if the police would have to wait to search the home that they were in to find evidence, it will be destroyed by the time they get back from other people who may have known or aided the suspect. This creates an exigent circumstance, which would allow police officers to search for evidence right away....
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This note was uploaded on 10/18/2011 for the course CRIM. PRO 125 taught by Professor Sobel during the Spring '11 term at California Western School of Law.

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