skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 31801 Find in a Library
Title: RECONSIDERATION OF THE FOURTH AMENDMENT'S DOCTRINE OF SEARCH INCIDENT TO ARREST
Journal: GEORGETOWN LAW REVIEW  Volume:64  Issue:1  Dated:(OCTOBER 1975)  Pages:53-84
Author(s): D E AARONSON; R WALLACE
Corporate Author: Georgetown University
Law Ctr
United States of America
Date Published: 1975
Page Count: 32
Sponsoring Agency: Georgetown University
Washington, DC
Format: Article
Language: English
Country: United States of America
Annotation: THE DOCTRINE OF SEARCH INCIDENT TO ARREST SHOULD BE RECONSIDERED BY THE SUPREME COURT BEACUSE IT IS ARBITRARY AND LACKS A SOUND RATIONALE.
Abstract: THE DOCTRINE OF SEARCH INCIDENT OT ARREST PROVIDES THAT, AS AN INCIDENT TO EVERY LAWFUL FULL CUSTODY ARREST, LAW ENFORCEMENT OFFICERS HAVE AN AUTOMATIC RIGHT TO CONDUCT A THOROUGH SEARCH OF THE ARRESTEE AND AND THE AREA WITHIN HIS IMMEDIATE CONTROL. ALTHOUGH THE SUPREME COURT HAS STATED THAT THE SEARCH INCIDENT TO ARREST EXCEPTION TO THE FOURTH AMENDMENT'S GENERAL REQUIREMENT OF A SEARCH WARRANT HAS BEEN 'SETTLED FROM ITS FIRST ENUNCIATION,' THE DOCTRINE SHOULD BE REEXAMINED IN TERMS OF CONSTITUTIONAL JURISPRUDENCE. THE SUPREME COURT IN CHIMEL V. CALIFORNIA ATTEMPTED TO ENUNCIATE STANDARDS THAT WOULD LIMIT UNREASONABLY BROAD AREA SEARCHES. SINCE THE COURT'S 1969 DECISION IN CHIMEL LACKS A DEFENSIBLE RATIONAL BASIS. HOWEVER, LOWER COURTS HAVE APPLIED THE CHIMEL STANDARD INCONSISTENTLY. (AUTHOR ABSTRACT)
Index Term(s): Arrest and apprehension; Search and seizure; Search warrants
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31801

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.