Legal Bureau Bullitens Flashcards
Search & Seizure - Search Incident to a Lawful Arrest
Chimel v. California – IMPROPER - Volume 1, Number 7
Warrant issued for Burglary of coin store.
When Chimel entered the house, one of the officers’ handed him the arrest warrant and asked for permission to look around. Chimel objected, but was advised that on the basis of the lawful arrest, the officer would nonetheless conduct a search. No search warrant had been issued.
Decision
Search went beyond chimel’s person, the lungable area could be searched not house, if warrant issued for person obtain warrant search of premise before arrest.
Search & Seizure - Search Incident to a Lawful Arrest
U.S. v. Robinson - Gustafson v. Florida – PROPER -
Volume 4, Number 1
United States v. Robinson - PROPER
Mr. Robinson was found to be in possession of forged material, he was stopped on a traffic violation and “operating after revocation, and obtaining a permit by misrepresentation.” then searched incidental to a lawful arrest he was found to be in possession of heroine.
Robinson was subsequently convicted of possession of heroin and sentenced to prison. His appeal to the Court of Appeals for the District of Columbia resulted in the reversal of his conviction.
Decision
SILA is proper. The sole purpose the just to stop someone on a VTL and arrest when summons can be issued is not allowed. If a summons can be issued then issue one.
Search & Seizure - Search Incident to a Lawful Arrest
Gustafson v. Florida - PROPER
Gustafson was stopped on a VTL violation when asked for license he stated he left it in his dorm room the Lieutenant placed Gustafson under arrest and proceeded to search him, he found in a cigarette container marijuana cigarettes.
Gustafson, the driver of the car, was convicted of possession of marijuana: however, the District Court of Appeals of Florida reversed his conviction and held that the discovery of the marijuana was the result of an unreasonable search and seizure under the Fourth and Fourteenth Amendments to the Constitution. The Florida Supreme Court then reversed that holding and affirmed the original conviction.
Decision
SILA is proper. The sole purpose the just to stop someone on a VTL and arrest when summons can be issued is not allowed. If a summons can be issued then issue one.
Search & Seizure - Search Incident to a Lawful Arrest
U.S. v. Edwards – PROPER - Volume 4, Number 6
Edwards was arrested for burglary of a post office, at the scene they noticed paint chips and 10 hrs later the police confiscated his closed and vouched it as evidence being that the paint matched.
Edwards’ clothing was vouchered and introduced as evidence at his subsequent trial, over his objection that the warrant-less seizure of his clothing had violated his Fourth Amendment rights. The defendant was convicted by the Trial Court.
Decision
A defendant’s clothing can be taken by police incident to a lawful arrest, even if there is no independent probable cause to believe that they constitute evidence of the crime.
Search & Seizure - Search Incident to a Lawful Arrest
People v. Troiano – PROPER - Volume 5, Number 1
Troiano was stopped on a VTL and issued a summons, he never showed up for court and a warrant was issued for his arrest. An officer stopped him on a VTL to which he lied about his name and was told there was a warrant for his arrest, upon SILA a revolver was found around his waist band.
Decision
SILA is permissible upon a lawful arrest, if a summonse can be issued with no warrant then do so. No searching of the vehicle will be allowed unless part of the exception.
