Searches Incident to an Arrest (From Briefs of 100 Leading Cases in Law Enforcement, P 61-73, 1991, Rolando V. del Carmen, Jeffery T. Walker -- See NCJ-126275)

• NCJ Number: 126282
• Author(s): R V del Carmen; J T Walker
• Date Published: 1991
• Length: 13 pages
• Sale Source: Anderson Publishing Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Supreme Court decisions concerning searches incident to an arrest are analyzed for their significance to law enforcement.

Abstract

One of the cases, Chimel v. California, 395 U.S. 752 (1969), concerned searching the premises without a search warrant in the course of making a lawful arrest. The Court ruled that the police may search the area within the person's immediate control for the purpose of discovering and removing weapons and to prevent the destruction of evidence. In another case, U.S. v. Robinson, 414 U.S. 218 (1973), it was found that a body search is valid in any situation in which a full custody arrest occurs. Even though a substantial period of time may have elapsed between the arrest and the search, according to U.S. v. Edwards, 415 U.S. 800 (1974), any search conducted at the place of detention which would have been lawful at the time of the arrest may be conducted without a warrant. And in Michigan v. Summers, 452 U.S. 692 (1981), the Court ruled that a warrant to search carries with it the limited authority to detain the occupants of the premises while the search is conducted.