What is the exclusionary rule when an arrest is not made coincidentally with a search for blood samples?

MultiRegion, United States of America

The following excerpt is from U.S. v. Chapel, 34 F.3d 893 (9th Cir. 1994):

The exclusionary rule, nevertheless, is invoked because an arrest was not made contemporaneously with the lawful search. No convincing argument is made that any rights or interests of the defendant were sacrificed by the delay. Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), did recite that an arrest had been made coincidentally with taking a blood sample, but in my view this was simply a way of stating that there existed the probable cause that is always the prerequisite for the seizure of evidence in exigent circumstances. Cupp v. Murphy, 412 U.S. 291, 93 S.Ct. 2000, 36 L.Ed.2d 900 (1973), seems to me to have established the proposition that an arrest is not a precondition for a search under exigent circumstances, even though the search is intrusive in character.

Other Questions


Can a warrantless search that precedes an arrest fall within the search-incident-to-arrest exception? (MultiRegion, United States of America)
If a search of a vehicle was conducted in close proximity to the vehicle and prior to the search, can the search proceed because it was incident to the arrest? (MultiRegion, United States of America)
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
Does a search prior to arrest constitute a search incident to arrest? ("New York", United States of America)
Can a search warrant be used to seize 392 pounds of marijuana seized during a search for evidence incidental to a valid arrest? (Canada (Federal), Canada)
What is the test for a search warrant to search a suitcase, and what is the scope of the search? (MultiRegion, United States of America)
What is the exclusionary rule in search and seizure cases involving telephonic search warrant procedures? (MultiRegion, United States of America)
What is the current state of the law on arrest "across the threshold" of a residence where the arrest warrant requires a person to close the door to prevent the arrest? (MultiRegion, United States of America)
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction? (MultiRegion, United States of America)
When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.