What is the right of a police officer to search the premises of a crime scene?

California, United States of America


The following excerpt is from Trowbridge v. Superior Court In and For Los Angeles County, 144 Cal.App.2d 13, 300 P.2d 222 (Cal. App. 1956):

'The right 'to search the place where the arrest is made in order to find and seize things connected with the crime as its fruits or as the means by which it was committed' seems to have stemmed not only from the acknowledged authority to search the person, but also from the long-standing practice of searching for other proofs of guilt within the control of the accused found upon arrest. Weeks v. United States, 232 U.S. 383, 392, 34 S.Ct. 341, 344, 58 L.Ed. 652. It became accepted that the premises where the arrest [144 Cal.App.2d 21] was made, which premises were under the control of the person arrested and where the crime was being committed, were subject to search without a search warrant. Such a search was not 'unreasonable.' [Citing cases.]

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