Week 4 Notes - Week 4 Notes: Search Incident to Arrest: The...

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Search Incident to Arrest: The Arrest Power Rule Warrantless search incident to a valid arrest was an accepted practice at the time of the Bill of Rights. The case *Chimel v. California* will explain the rationale of the search incident to arrest exception. Reasons to search grab area. 1) Preserve Evidence 2) Protect officers Can’t go outside the area to meet those two goals. Spatial (relating to space) Limitations They looked at Rabbinowitz first, because it stated that, the lawful arrest may generally extend to the area that is considered to be the possession or under the control of the person arrested. It was the basis of the proposition that the California courts upheld the search of the perititoner’s entire house in the case of Chimel . But that can’t stand historical nor rational analysis Search without a warrant under an arrest is applied to reachable areas around the suspect. Timing of Grab Area Determination Arrest Power Can be Invoked for Any Custodial Arrest and Can Cover Post – Arrest Movements *Washington v. Chrisman* Arrest leading to Exigent Circumstances Police officer can show exigent circumstances by … 1) Reasonable belief that third person were inside a private dwelling 2) Reasonable belief that these third persons are aware of an … arrest of an ally outside the premises so that they might see a need to destroy evidence. Protective Sweep after an arrest Protective sweep is a quick and limited search of a premises, incident to an arrest and conducted to protect the safety of police officers and others. Officers only need a reasonable suspicion that the area swept harbored an individual posing a danger to the officer or others. Also can only search places where people can hide. Temporal Limitations Sequence of Search and Arrest As long as the search and arrest occurred nearly simultaneously, then courts generally don’t concern themselves on which came first, and probable cause to arrest was before the search was conducted. Searches of the person Incident to Arrest *see US v. Robinson* Search can be made of two things, historically speaking, in terms of arrested. 1) Search may be made of the person of the arrestee, by virtue of the lawful arrest ( = probable cause) 2) Search may be made of the area within the control of the arrestee (reasonable area) Custodial Arrests for Minor Offenses *see Atwater v. City of Lago Vista* No matter how major or minor a criminal violation is, the officer can make a lawful arrest. Arrests for Minor Offenses After Atwater
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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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Week 4 Notes - Week 4 Notes: Search Incident to Arrest: The...

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