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Search Incident to Arrest - Vehicles

Preston v. United States

Facts

The defendant, along with two others, was arrested while sitting in a parked vehicle. He was searched for weapons and taken to the police station. The vehicle, which was not searched at the time of the arrest, was towed to a garage. Shortly after the defendant had been booked at the police station, officers went to the garage, without a warrant, to search the car. They found evidence indicating that the defendant and his companions were preparing for a robbery. All three individuals were convicted of conspiracy to rob a bank, largely on evidence obtained from the search of the vehicle

Issue

Whether the search of the vehicle at the garage was reasonable under the Fourth Amendment as a “search incident to arrest?”

Held

No. The evidence obtained from the car was inadmissible because the warrantless search was too remote in time or place to be treated as incidental to the arrest.

Discussion

The Fourth Amendment permits searches that are reasonable. “When a person is lawfully arrested, the police have the right, without a warrant, to make a contemporaneous search of the person of the accused for weapons or for the fruits of or implements used to commit the crime. This rule is justified by the need to seize weapons and other things that might be used to effect an arrest, as well as by the need to prevent the destruction of evidence of the crime.

However, these justifications are absent where a search is remote in time or place from the arrest. Once a defendant is under arrest and in custody, then a search made at another place, without a warrant, is simply not incident to the arrest (underline added).”

Citation

376 U.S. 364, 84 S. Ct. 881 (1964)

LEGAL

Use of Force

Generally

The Sixth Amendment Right to Counsel

Attachment of Right

Confrontation Clause

Crime Specfific

Critical Stages - Lineups

Critical Stages - Questioning

Right to Counsel

The Fourth Amendment: What is a Search?

Abandoned Property

Applies to Government Activities Only

Foreign Searches

Generally

Open Fields & Curtilage

Private Intrusions

Reasonable Expectation of Privacy

Third Party Control

The Forth Amendment: What is a Seizure?

Arrests-Arrest Warrants

Arrests-Generally

Arrests-Premises

Arrests-Third Party Premises

Generally

Stops-Generally

Stops-Terry/Traffic Stops

The Fifth Amendment

Compelled

Due Process

Fourth Amendement Violations

Holder of the Privelege