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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.
Case history; Prior: 58 Ill. App. 3d 57, 373 N. E. 2d 1013: Holding; When a search warrant specifies the person or people named in the warrant to be searched and the things to be seized, there is no authority to search others not named in the warrant, unless the warrant specifically mentions that the unnamed parties are involved in criminal activity or exigent circumstances are clearly shown.
A search of the Gates' residence led to the discovery of additional marijuana and weapons. The Illinois Circuit Court decided that the search was unlawful based on the test established in the Supreme Court ruling in Spinelli v. United States. In essence, the affidavit did not provide enough evidence to establish probable cause, which led to the ...
United States v. Robinson, 414 U.S. 218 (1973), was a case in which the United States Supreme Court held that "in the case of a lawful custodial arrest a full search of the person is not only an exception to the warrant requirement of the Fourth Amendment, but is also a reasonable search under that Amendment."
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]
in the Northern District of Illinois, Eastern Division, a substantial part of the events or omissions giving rise to the claim occurred in the Northern District of Illinois, Eastern Division, and the property which is the subject of this lawsuit is located in the Northern District of Illinois, Eastern Division. DEFENDANT 4.
Illinois v. Rodriguez , 497 U.S. 177 (1990), is a U.S. Supreme Court case dealing with the issue of whether a warrantless search conducted pursuant to third party consent violates the Fourth Amendment when the third party does not actually possess common authority over the premises.
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