What is the impact of a suspect search incident to arrest on the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Codinha, 138 Cal.App.3d 167, 187 Cal.Rptr. 682 (Cal. App. 1982):
"We were aware in Block that suspect searches incident to arrest could potentially become a serious threat to Fourth Amendment freedoms as were the evidentiary searches incident to arrest condemned in Chimel [Chimel v. California,
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Other Questions
Does a Fourth Amendment balancing of the legitimate governmental interests in arrest against the reasonable expectation of privacy under the Fourth Amendment reveal the unreasonableness of a defendant's arrest and search? (California, United States of America)
Does the search-incident-to-arrest exception apply to a search where the search occurred prior to the arrest? (California, United States of America)
Does a police officer's subjective belief that a search incident to arrest might uncover evidence of crime invalidate an arrest under the Fourth Amendment? (California, United States of America)
Does an anonymous tip to the police from a private investigator who provided information about a suspect lead to the arrest and search of the alleged suspect's home run afoul of the Fourth Amendment? (California, United States of America)
Is there any requirement under federal search and seizure law that an auto search incident to an occupant's arrest must have some nexus between the vehicle and the crime for which the occupant was arrested? (California, United States of America)
When a suspect has been arrested on a charge of assault with intent to endanger life or cause grievous bodily harm, can police officers conduct a search before the arrested suspect's placement in jail? (California, United States of America)
Does the search and detention of a man under the Fourth Amendment violate his Fourth Amendment rights? (California, United States of America)
In a motion to suppress a search of a vehicle by police officers following an arrest, is the search not incident to an arrest? (California, United States of America)
If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
