CB United States v. Robinson - considered reasonable under...

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United States v. Robinson 414 U.S. 218 (1973) Fact: Procedural Facts: Trial courts accepted. Court of Apelles reversed. US Supreme Court overturned the reverse. Operative Facts: A police officer pulled over a car that he had investigated the permit of 4 days earlier. Believed they were operating a vehicle after the revocation of his driving permit. He arrested them, and patted them down. Found what was later proved to be heroin. He then did a full search on the arrestee’s. Issue: Broad Question: Is a full search a exception to the warrant requirement of the 4 th amendment? Narrow Question: Rule: A search on the body and the surrounding area is made for two reasons. First to discover any potential dangers on the arrestee. Second to perverse any evidence found on them (prevent it from being destroyed). Rational: The court allows exceptions to the 4 th amendment to protect the safety of the officers, and to also protect any evidence that could be later used for trial. Full search of a person is
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Unformatted text preview: considered reasonable under the 4 th . Holding: The full search is a reasonable because it not only protects the officer, but also preserves the evidence. It was not a violation of the 4 th amendment and no search warrant is needed, especially after reasonable suspicion of contrabands (as long as they were lawfully arrested). Synthesis: Dissent/Concurrences: Justice Powell concurring The constitutional guarantee is legitimately voided by the fact of arrest Justice Marshall, Douglas and Brennan Dissenting They said that the mere inconvenience of the officer was the cause of it, to go through the administrative process, where it could be legally opened in the booking process. So this whole full search on the person thing should not be okay because it would give the police too much power....
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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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