Shipley v. California

The Court has consistently held that a search “can be incident to an arrest only if it is substantially contemporaneous with the arrest and is confined to the immediate vicinity of the arrest.” Stoner v. California (1964). The Court has never construed the Fourth Amendment to allow the government, in the absence of an exigency, to arrest a person outside his home and then take him inside for the purpose of conducting a warrantless search. On the contrary, “it has always been assumed that one’s house cannot lawfully be searched without a search warrant, except as an incident to a lawful arrest therein.” Agnello v. United States.