NCJ Number
25324
Journal
Georgetown Law Journal Volume: 63 Issue: 1 Dated: (OCTOBER 1974) Pages: 223-240
Date Published
1974
Length
18 pages
Annotation
DISCUSSION OF THE IMPACT OF A TRILOGY OF SUPREME COURT DECISIONS - UNITED STATES V ROBONSON (1973), GUSTAFSON V FLORIDA (1973), AND UNITED STATES V EDWARDS (1974) - ON THE SCOPE OF WARRANTLESS SEARCHES INCIDENT TO ARREST.
Abstract
IN THE FIRST TWO CASES, THE COURT HELD THAT POLICE MAY CONDUCT A FULL SEARCH OF THE ARRESTEE'S PERSON AS AN INCIDENT TO A CUSTODIAL ARREST FOR THE COMMISSION OF A TRAFFIC OFFENSE. IN EDWARDS, THE COURT UPHELD THE CONVICTION OF A MAN BASED ON EVIDENCE FOUND IN HIS CLOTHING WHICH HAD BEEN SEIZED TEN HOURS AFTER HIS ARREST AND ANALYZED, RULING THAT THE SEIZURE WAS A REASONABLE SEARCH INCIDENT TO ARREST. THE AUTHOR FEELS THAT THE DECISIONS ARE CONTRARY TO PREVIOUS SEARCH AND SEIZURE RULINGS AND THAT THEY WILL HAVE A BROAD AND UNFAVORABLE EFFECT ON THE EXPANDING USE OF WARRANTLESS SEARCHES.