What is the current state of the law on a search warrant?

California, United States of America


The following excerpt is from People v. Superior Court (Reilly), 125 Cal.Rptr. 504, 53 Cal.App.3d 40 (Cal. App. 1975):

In Chimel v. California, supra, the court concluded that there is no constitutional justification, in the absence of a search warrant, for extending the search incident to the lawful arrest of an accused beyond his person and the area from within which he might obtain either a weapon or something that could be used as evidence against him. (395 U.S. at p. 768, 89 S.Ct. 2034. See also Guidi v. Superior Court ated after a thorough review of prior precedents. (Id., at pp. 755--762, 89 S.Ct. 2034.) See also Guidi v. Superior Court (1973) 10 Cal.3d 1, fn. 4, p. 7, 109 Cal.Rptr. 684, 513 P.2d 908, and accompanying text.) The court recognized, 'When an arrest is made, it is reasonable for the arresting officer to search the person arrested in order to remove any weapons that

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