LEGAL

RESEARCH

Use of Force
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  - Gilbert v. California
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  - Massiah v. United States
The Fourth Amendment: What is a Search?
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  - Walter v. United States
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The Forth Amendment: What is a Seizure?
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Search Warrants
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  - Lo-Ji Sales, Inc. v. New York
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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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- Origins

Search Incident to Arrest

United States v. Chadwick

Facts

Officers developed probable cause the defendant was transporting a controlled substance in a footlocker. They placed him under arrest and seized the footlocker. The footlocker remained under the exclusive control of the officers at all times. The agents did not have any reason to believe that the footlocker contained explosives or other inherently dangerous items or that it contained evidence that would lose its evidentiary value unless the footlocker was opened immediately. An hour and a half after the men were arrested, the officers opened the footlocker without a search warrant or consent. Large amounts of marijuana were found in the footlocker.

Issue

Whether a search incident to an arrest is reasonable significantly after the arrest?

Held

No. Searches incident to arrest must occur at about the same time as the arrest.

Discussion

The search cannot be justified as a search incident to an arrest if the search is remote in time or place from the arrest. When an arrest is made, it is reasonable for the government to conduct a prompt, warrantless search of the arrestee’s person and the area in which the arrestee might gain possession of a weapon or destructible evidence. However, warrantless searches of a footlocker or luggage seized at the time of an arrest cannot be justified as incident to that arrest if the search is remote in either time or place from that arrest or no exigency exists. Here, there were no exigent circumstances.

Citation

433 U.S. 1, 97 S. Ct. 2476 (1977)

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