What is the scope of a warrantless search of an arrestee's residence?
California, United States of America
The following excerpt is from People v. Rege, 130 Cal.App.4th 1584, 30 Cal.Rptr.3d 922 (Cal. App. 2005):
In Chimel v. California (1969) 395 U.S. 752 [89 S.Ct. 2034, 23 L.Ed.2d 685], the court held that a warrantless search of an arrestee incident to a lawful custodial arrest extended to the area "`within his immediate control' [i.e.,] the area from within which he might gain possession of a weapon or destructible evidence." (Id. at p. 763 [89 S.Ct. at p.2040].)
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