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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.
People v. Diaz, 51 Cal. 4th 84, 244 P.3d 501, 119 Cal. Rptr. 3d 105 (Cal. January 3, 2011) was a Supreme Court of California case, which held that police are not required to obtain a warrant to search information contained within a cell phone in a lawful arrest. [1]
Chimel v. California, 395 U.S. 752 (1969), was a 1969 United States Supreme Court case in which the court held that police officers arresting a person at his home could not search the entire home without a search warrant, but that police may search the area within immediate reach of the person without a warrant. [1]
If there is an incident where the dog alerts its officer, the probable cause from the dog is considered enough to conduct a search, as long as one of the exceptions to a warrant are present, such as incident to arrest, automobile, exigency, or with a stop and frisk. During a traffic stop and checkpoint, it is legal for police to allow a drug ...
Hill v. California, 401 U.S. 797 (1971) was a U.S. Supreme Court decision that ruled against the retroactive application of Chimel v. California.The Court also ruled that evidence from mistaken identity arrests can be admissible as long as other factors support probable cause.
Arizona v. Gant, 556 U.S. 332 (2009), was a United States Supreme Court decision holding that the Fourth Amendment to the United States Constitution requires law-enforcement officers to demonstrate an actual and continuing threat to their safety posed by an arrestee, or a need to preserve evidence related to the crime of arrest from tampering by the arrestee, in order to justify a warrantless ...
A two-week undercover operation based in Sacramento County led to 37 served search warrants and 23 arrests throughout Northern California, as a regional task force continued a crackdown on child ...
Gant limited searches incident to arrest to circumstances in which it is reasonable to believe that the arrested individual might access the vehicle at the time of the search or that the arrestee's vehicle contains evidence of the offense that led to the arrest. The court suggested in dictum that "when a recent occupant is arrested for a ...