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Chimel V. California

In: Other Topics

Submitted By echevarria718
Words 286
Pages 2
395 U.S. 752 (1969)

FACTS: On September 13, 1965, the police came to the defendant house with arrested warrant for the burglary of a coin shop. The officers knocked on the door, the defendant wife open the door and allow the officers to come in and waited until her husband came home. When the defendant arrive he was served the warrant and ask permission to look around, but the defendant refused consent. A search warrant wasn’t issued and the officers still search the entire house, stating that they could do so, as it was incident to a lawful arrest. Officers searched rooms throughout the house, the attic, the garage and a small workshop. The officers even directed the defendant wife to open drawers and move items in the drawers from side to side so they could be able to view it. The search took between 45 minutes to an hour, several items was seized and admitted as evidence at trial, over the defendant objection that they were admitted unconstitutionally.
ISSUES: Was the warrantless search of the defendant home constitutionally justified under the Fourth Amendment as “incident to that arrest?”
Holdings: No, the search of the defendant home unreasonable under the fourth amendment
Rationale: The search of Mr. Chimel house was unreasonable under the fourth and fourteen amendments. The court reasoned that searches “incident to arrest” are limited to the area within the immediate control of the suspect. Police could reasonably search and seize evidence on or around the person being arrested, they were prohibited from rummaging through the entire house without a search warrant. The court points out the important of warrants and probable cause as necessary wall against government...

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