AJ 4 Lecture Notes - Lecture 8: Lago Vista, Texas, Frisking, United States Foreign Intelligence Surveillance Court

• School: Irvine Valley College
• Department: Administration of Justice
• Course: AJ 4
• Professor: Watkins

Document Summary

Search incident to a lawful arrest: an exception to the search warrant rule, limited to the immediate surrounding area. Incident means close in time to an arrest. The officer who searches a suspect incident to a lawful arrest must: (1) conduct search at the time of or immediately following the arrest and (2) may search only the suspect and the area within the suspect"s immediate control. The arrest will be upheld if the police observed the crime being committed or had probable cause. Chimel v. california 1969: the police can search a suspect without a warrant after a lawful arrest to protect themselves from danger and to secure evidence. Riley v. california 2014: it is illegal to search the cell phone of an arrestee without a warrant. Carroll v. u. s. 1925: distinctions should be made among searches of cars, persons, and homes.