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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 ...
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.
O'Connor, joined by Stevens, Ginsburg, Breyer. Laws applied. U.S. Const. amend. IV. Atwater v. Lago Vista, 532 U.S. 318 (2001), was a United States Supreme Court decision which held that a person's Fourth Amendment rights are not violated when the subject is arrested for driving without a seatbelt.
In Davis v. United States (2011), [16] the Court ruled that evidence gathered from a search performed in reasonable reliance on binding appellate precedent that was later overruled as being unconstitutional (here, a vehicle search that was rendered unconstitutional in view of Arizona v. Gant) was admissible under the good-faith exception. [17]
Arizona v. United States, 567 U.S. 387 (2012), was a United States Supreme Court case involving Arizona 's SB 1070, a state law intended to increase the powers of local law enforcement that wished to enforce federal immigration laws. The issue is whether the law usurps the federal government's authority to regulate immigration laws and enforcement.
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 ]
IV, XIV. Terry v. Ohio, 392 U.S. 1 (1968), was a landmark U.S. Supreme Court decision in which the court ruled that it is constitutional for American police to "stop and frisk" a person they reasonably suspect to be armed and involved in a crime. Specifically, the decision held that a police officer does not violate the Fourth Amendment to the ...
Thornton v. United States, 541 U.S. 615 (2004), was a decision by the United States Supreme Court, which held that when a police officer makes a lawful custodial arrest of an automobile's occupant, the Fourth Amendment to the United States Constitution allows the officer to search the vehicle's passenger compartment as a contemporaneous incident of arrest. [1]