Searches Incident to an Arrest Flashcards

1
Q

Chimel v. California

A

exception. A warrantless search of the area in possession and control of the person under arrest is permissible under the 4th Amendment.

Justifications: officer safety, prevent evidence destruction.

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2
Q

Rabinowitz

A

p. 265

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3
Q

Riley v. California

A

search incident to arrest does not apply to cell phones, other case specific exceptions mat still justify a warrantless search of a particular phone.

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4
Q

The analysis:

A

(1) Reasonableness under the 4th amendment generally requires obtaining judicial warrant, then
(2) reasonable only if exception :
(3) Robinson arrest exception permits the arresting officer to search containers discovered on an arrestee’s person. Strikes appropriate balance in the context of physical objects.

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5
Q
A
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