LEGAL

RESEARCH

Use of Force
- Generally
The Sixth Amendment Right to Counsel
- Attachment of Right
- Confrontation Clause
- Crime Specfific
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  - Maine v. Moulton
- Critical Stages - Lineups
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  - Gilbert v. California
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  - Massiah v. United States
The Fourth Amendment: What is a Search?
- Abandoned Property
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  - California v. Greenwood
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- Foreign Searches
  - United States v. Verdugo-Urquidez
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  - Walter v. United States
  - United States v. Jacobsen
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The Forth Amendment: What is a Seizure?
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- Arrests-Generally
  - Atwater v. City of Lago Vista
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Search Warrants
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  - Lo-Ji Sales, Inc. v. New York
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- With Particularity
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  - United States v. Flores-Montano
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  - United States v. Chadwick
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  - Birchfield v. North Dakota
- Search Incident to Arrest - Cell Phones
  - Riley v. California
- Search Incident to Arrest - Persons
- Search Incident to Arrest - Premises
- Search Incident to Arrest - Vehicles
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- Fruit of the Poisonus Tree
- Origins

Search Incident to Arrest - Persons

United States v. Robinson

Facts

An officer learned that the defendant’s license had been revoked. Four days later, he observed the defendant driving an automobile. He stopped the car and informed the defendant that he was under arrest for driving with a revoked license. The officer conducted a search incident to arrest. During the search, he felt an object in the defendant’s coat but could not determine what it was. The officer reached into the pocket and pulled out the object, a crumpled up cigarette package. He opened the package and found capsules he believed to be heroin.

Issue

Whether a full body search of a suspect for items other than evidence of the crime for which a suspect is arrested is within the scope of the search incident to an arrest?

Held

Yes. During a lawful arrest, a full search of the person may be made by virtue of the lawful arrest.Yes. During a lawful arrest, a full search of the person may be made by virtue of the lawful arrest.

Discussion

A lawful arrest establishes an authority to search. It is immaterial that the officer did not fear or suspect the defendant was armed. Having discovered the crumpled package of cigarettes, the officer was entitled to search it as well as to seize it when the search revealed the heroin capsules.

Citation

414 U.S. 218, 94 S. Ct. 467 (1973)

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