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Search incident to a lawful arrest, commonly known as search incident to arrest (SITA) or the Chimel rule (from Chimel v.California), is a U.S. legal principle that allows police to perform a warrantless search of an arrested person, and the area within the arrestee’s immediate control, in the interest of officer safety, the prevention of escape, and the preservation of evidence.
Diaz (2011) Riley v. California, 573 U.S. 373 (2014), [1] is a landmark United States Supreme Court case in which the court ruled that the warrantless search and seizure of the digital contents of a cell phone during an arrest is unconstitutional under the Fourth Amendment. [2][3] The case arose from inconsistent rulings on cell phone searches ...
Warrantless searches are searches and seizures conducted without court-issued search warrants.. In the United States, warrantless searches are restricted under the Fourth Amendment to the United States Constitution, part of the Bill of Rights, which states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not ...
A second death warrant was later finalized, ordering Smith to be put to death on January 25, 2024, by nitrogen hypoxia, which was a secondary execution method in Alabama and had never been administered since its implementation. On January 10, 2024, a federal judge ruled that Alabama could proceed with the execution of Smith using nitrogen gas.
He claimed that the arrest was unlawful as a result of an invalid/recalled warrant ("failure to appear", issued by neighboring Dale County, Alabama), a motion denied by the trial court. [ 11 ] [ 9 ] [ 10 ] He was convicted, and sentenced to 27 months in federal prison . [ 10 ]
IV. 21 U.S.C. §§ 841 (a) (1), 846. Steagald v. United States, 451 U.S. 204 (1981), is a United States Supreme Court case which held that, based on the Fourth Amendment, a police officer may not conduct a warrantless search of a third party's home in an attempt to apprehend the subject of an arrest warrant, absent consent or exigent circumstances.