Searches incident to Arrest Flashcards
1
Q
What is the Rule from Chimel v. California?
A
A warrantless search incident to a lawful arrest can only cover the area in possession or control of the person being arrested OR his lunging area
1
Q
Chimel is in regarding to safety in what sense?
A
The idea is that if a search incident to arrest concerns the safety of an officer if the suspect tries to/ or can grab a weapon
2
Q
What is the rule from US v. Robinson?
A
Search incident to arrest encompasses search of containers found on arrestee’s person
3
Q
What is the Rule from Riley v. California?
A
Search incident to arrest does not permit search of cell phone’s content absent exigent circumstances
4
Q
Can police administer a breathlyzer as a search incident to arrest?
A
YES: breathlyzer is fine, blood test is not
