Searches Incident to a Lawful Arrest (SILA) | Study Guide - Edubirdie

University:
University of Alabama
Course:
CJ 100 | Intro Criminal Justice
Academic year:

2022
Views:

496

Pages:

1
Author:

Alexa Livingston

Searches Incident to a Lawful Arrest (SILA).  Warrant Exception: Search Incident to a Lawful Arrest. o When the police lawfully arrest someone in a private place, they do not require a warrant or any suspicion to search (1) the arrested person and (2) the area within the arrestee’s immediate control (the “lunging” area)—but a warrant is required to search beyond (Chimel). o The police require a warrant to search the digital information on a cell phone seized from an arrested person (Riley v. California). o Police may search a vehicle without probable cause, incident to a recent occupant’s lawful arrest, but only if (1) the arrestee is unsecured and within “reaching distance” of the passenger compartment at the time of search, or (2) it is “reasonable to believe” the vehicle contains evidence of the offense of arrest (Arizona v. Gant). o For traffic violations, if the suspect is not arrested, there can be no search incident to a lawful arrest (Knowles v. Iowa).

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