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| Two main reasons justifying searches incident to arrests |
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Definition
| To secure and preserve evidence of a crime and to disarm the suspect in order to take him into custody |
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| What is the basic limitation of a search incident to an arrest |
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| The court held that the scope of the search must be stricly tied and justified by the circumstances of the arrest |
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Burglary suspect coins in drawers ? Was the warrantless search of Chimel's house permissable with a search incident to lawful arrest Unreasonable. Court reasoned that searches "incident to arrest" are limited to the area within the immediate control of the suspect. |
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| United States v. Robinson |
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Heroin packets in cigarette case ? Whether the search violated the 4th Amend. Court upheld the search. Distinguishing between searches done to discover concealed weapons and those conducted coextensive with an arrest, Justice Rehnquist argued since the officer did not conduct the search in an abusive or extreme manner, and because he acted consistent with the authority vested in a police officer when making an arrest, his actions were legitimate. |
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cocaine in leather jacket in back seat ? Is is constitutional for a search incident to arrest to include the passenger compartment of a vehicle Constitutional. The passenger compartment can be reached by any of the passengers so it can be legally searched |
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| United States v. Chadwick |
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Definition
footlocker on Amtrak ? is a search warrant required before agents can open a locked footlocker which was lawfully seized at time of arrest Unconstitutional. There are no extingent circumstances and agents did not get permission to search or a search warrant |
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| How is Chadwick different from Ross? |
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Definition
The decision in Chadwick did not allow agents to search the footlocker in their custody because there was no extingent circumstances or a search warrant. In Ross, there was an extingent circumstance (evidence leaving jurisdiction) so officers could legally search the vehicle as if a magistrate ordered so |
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| How intensive can a search incident to arrest be? |
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Definition
When an arrest is made, it is reasonable for the officer to search the person in order to remove any weapons or contraband on the individual |
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| How extensive can a search incident to arrest be, depending on where it is conducted? |
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Definition
the search cannot go beyond the immediate control of the arrestee. All of car can be searched, including sealed containers, but only room that individual is arrested can be searched, not drawers and such |
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motor home marijuana for sex ? Whether the search of a fully mobile motor home is legal under the 4th Amend. Reasonable because the home was readily mobile. |
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bootleg whiskey runner created the automobile exception due to fear of fleeing from jurisdiction |
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| Justification for the automobile exception |
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vehicle owners could drive out of jurisdiction before police had chance to obtain warrant vehicle owners have reduced expectation of privacy in the contents of the vehicle |
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| Warrantless searches of vehicles can be made when extigent circumstances are present and when there is probable cause to search the vehicle |
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bag of heroin seized in trunk of car Court held that since the search was done with probable cause and extended into the realm (Ross's car) of which a magistrate issuing a warrant would have approved, the officers did not violate the Fourth Amendment. Justice Stevens defended the search of the vehicle's trunk, arguing that if probable cause justifies a vehicle search, then every part of the vehicle is open to inspection. |
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